A federal judge ruled on Friday that U.S. President Donald Trump unlawfully directed National Guard troops to Portland, Ore., marking a legal setback to the administration’s use of military forces in American cities. The ruling by U.S. District Judge Karin Immergut is the first to permanently halt Trump’s deployment of military personnel to suppress protests against immigration authorities, a move also contemplated in Democrat-led cities like Los Angeles, Chicago, and Washington, D.C.
Immergut’s decision replaces her temporary order that had previously prevented the deployment of troops in Portland. Despite being a Trump appointee, Immergut dismissed the administration’s argument that protesters at an immigration detention facility were engaged in a rebellion justifying the military intervention.
The administration may appeal the ruling issued on Friday, with the case potentially escalating to the U.S. Supreme Court. The City of Portland and the Oregon Attorney General’s Office filed a lawsuit in September, alleging that the Trump administration had exaggerated sporadic violence to justify sending in troops under a law allowing presidents to do so in cases of rebellion.
During a three-day bench trial, conflicting narratives emerged. While Justice Department lawyers portrayed a violent siege overwhelming federal agents, echoing Trump’s characterization of the city as “war-ravaged,” lawyers for Oregon and Portland contended that violence had been infrequent, isolated, and contained by local law enforcement.
A review of court records by Reuters revealed that 32 individuals have faced federal charges related to the Portland protests since their inception in June. Of these, 11 have pleaded guilty to misdemeanors, receiving probation upon sentencing. Notably, one protester who threw a knife at an officer but missed pleaded guilty to intimidation and could potentially face up to 20 years in prison.
Democrats have criticized Trump for allegedly misusing military powers intended for genuine emergencies like invasions or armed rebellions. Immergut had previously blocked Trump’s deployment of troops to Portland through an interim order issued on October 5, which is currently under consideration by the Ninth U.S. Circuit Court of Appeals. Preliminary rulings by three judges, including Immergut, have indicated that Trump’s National Guard deployments are not permissible under the emergency legal authority cited by his administration.