PORTLAND, Ore. — Oregon’s first hearing challenging the federal deployment of the state’s National Guard concluded Friday morning, with no immediate decision on the state’s request for a temporary restraining order (TRO). If granted, the TRO would block the deployment while the lawsuit proceeds through the courts.
U.S. District Judge Karin Immergut, who took over the case after Judge Michael H. Simon recused himself, said she hopes to issue a ruling later Friday, though it could extend into Saturday. She noted part of the delay stems from catching up on the case materials.
President Donald Trump federalized 200 Oregon National Guard troops over the weekend, citing threats to the ICE facility in Portland from “Antifa and other domestic terrorists.” In a social media post, Trump said he was “authorizing Full Force, if necessary.” Oregon and Portland immediately filed a lawsuit, arguing the deployment violates federal law and constitutional protections.
Judge Karin Immergut Hears Oregon National Guard Lawsuit; Temporary Order Decision Pending
Arguments Presented During the Hearing
Title 10 Debate:
Much of the hearing focused on Title 10 of the U.S. Code, which gives the president the authority to federalize state troops under three conditions: invasion, rebellion, or if the president is unable to execute federal laws with regular forces. Both sides primarily debated the third condition.
- State and City Argument: Oregon attorneys argued the deployment lacked urgency and that Trump’s social media posts exaggerated the threat level in Portland. Senior Assistant Attorney General Scott Kennedy emphasized that a broad interpretation of Title 10 could allow presidents to deploy the National Guard virtually anytime, undermining constitutional safeguards.
- Federal Government Argument: Lawyers representing the Trump administration argued the Guard’s deployment was justified. They highlighted repeated disruptions at the ICE facility that, according to them, justified federalization under Title 10. U.S. Deputy Assistant Attorney General Eric Hamilton claimed the facility had to close for three weeks over the summer due to protest activity.
9th Circuit Precedent:
The June ruling regarding Trump’s deployment of California National Guard troops to Los Angeles was frequently cited. In that case, the court established that judges must give “great deference” to the president’s judgment in assessing Title 10 conditions, although courts may still review the factual basis for the decision.
Perception vs. Reality:
Portland attorneys argued that Trump’s description of the situation was exaggerated compared to police reports, which indicated only a handful of protesters outside the ICE facility on the nights leading up to the deployment. Senior Deputy City Attorney Caroline Turco described it as a “perception versus reality problem,” highlighting discrepancies between official reports and presidential statements.
Official Statements From Oregon Official
Attorney General Dan Rayfield:
“While we wait on a ruling, it’s important to remember who we are as Oregonians. Portland has always been a little different and a little quirky, and that spirit of resilience and creativity is what will carry us through.”
Governor Tina Kotek:
“We need patience. I am proud of the work we’ve done with Attorney General Rayfield to challenge the unlawful deployment of the Oregon National Guard. I ask Oregonians to speak out peacefully and remain calm.”
Legal Background and Case Detail
- Judge Michael Simon, initially assigned to the case, recused himself due to his wife, Rep. Suzanne Bonamici’s public opposition to the Guard deployment. Simon stated recusal was not legally required but stepped aside to avoid any appearance of partiality.
- Judge Karin Immergut, appointed by President Trump in 2019 and a former U.S. Attorney for Oregon, took over the case. Immergut previously served a decade as a Multnomah County Circuit Court judge.
- The lawsuit challenges the federalization of 200 National Guard troops, claiming constitutional and legal violations.
Arguments on Title 10:
- Title 10 allows federalization in cases of invasion, rebellion, or if the president is unable to enforce federal laws with existing forces.
- Oregon’s legal team argued the deployment did not meet these standards, citing the timing of Defense Secretary Pete Hegseth’s memo authorizing the deployment, which referenced a prior June memo rather than current threats.
- Federal lawyers maintained that the protests and disruptions at the ICE facility justified the decision, even under the third Title 10 condition.
Timeline of Events Leading to the Lawsui
Oct. 2:
- Trump administration requests Judge Simon recuse himself because of his wife’s public stance against the deployment.
- Case reassigned to Judge Immergut.
- Three people arrested and two detained during clashes at the Portland ICE facility.
Oct. 1:
- Trump announces via social media that National Guard troops are “now in place” in Portland, although they were still training at Camp Rilea.
- DHS issues a statement claiming a large and violent protest occurred at the ICE facility the night before, which local reports largely contradicted.
Sept. 30:
- Trump addresses top military officers, stating “America is under invasion from within” and labeling certain cities run by Democrats as “training grounds” for the armed forces.
Sept. 29–27:
- Oregon Military Department confirms National Guard deployment plans.
- Trump federalizes 200 troops.
- Oregon Attorney General Dan Rayfield files a lawsuit.
Sept. 26:
- Portland Mayor Keith Wilson and other leaders urge residents to remain peaceful amid reports of federal law enforcement presence in the city.
Sept. 25:
- Oregon congressional delegation tours ICE facility and questions officials about Trump’s characterization of Portland.
Aug. 29 – Sept. 25:
- Trump repeatedly mentions Portland as a potential National Guard deployment city, describing life in the city as “living in hell” and exaggerating protest activity.
Aug. 20–28:
- Trump administration officials, including Tom Homan, make unannounced visits to Portland ICE facility, teasing potential federal law enforcement escalations.
Aug. 11:
- Trump federalizes Metropolitan Police in D.C., deploying National Guard and federal law enforcement, citing widespread violence in the city.
June 14 – June 3:
- Nationwide protests against the Trump administration, including in Portland.
- Some protests escalate near ICE facilities.
- Trump previously federalized California National Guard troops and deployed federal officers in Los Angeles.
What’s Next
Judge Immergut is expected to issue a ruling on the temporary restraining order Friday night or Saturday.
- If granted: The National Guard deployment will be temporarily blocked until the lawsuit is resolved.
- If denied: The federal deployment could proceed while legal proceedings continue.
The outcome will set an important precedent for federal-state relations and the limits of presidential authority over state National Guard troops.