Judge Rules Trump Illegally Deployed National Guard to Portland

Former President Donald Trump has been found by a federal judge to have illegally ordered the deployment of the National Guard to Portland, Oregon, in late September, a ruling that marks the first permanent judicial block on such use of military force in response to civil protests.

Background

Trump’s administration argued that federal law enforcement in Portland was “unable … with the regular forces to execute the laws of the United States” and therefore required National Guard support.
The decision triggered the deployment after Trump claimed Portland was “war ravaged,” with “ICE facilities under siege … by Antifa” and “crazy people” trying to burn down buildings nightly.

Legal Challenge & Judge’s Findings

The City of Portland and the Oregon Attorney General’s Office challenged the deployment, arguing that the scale of violence cited was exaggerated and did not amount to a rebellion or exigent emergency to warrant military intervention.
The presiding judge, Karin Immergut, replaced an earlier interim order with a permanent ruling that the deployment was unlawful under federal statutes governing military use in domestic affairs.

Implications

• The ruling sets a precedent limiting a president’s ability to send military forces into U.S. cities during protests, absent a declaration of emergency or rebellion.
• The Trump administration has indicated it will appeal, potentially pushing the issue up to the Supreme Court of the United States.
• Cities led by Democrats, including Los Angeles, Chicago and Washington D.C., were reportedly on notice for similar National Guard deployments

What It Means for Civil-Military Boundaries