By Mark Tanos
A federal judge permanently blocked President Trump’s deployment of National Guard troops to Portland, Ore., ruling the move violates the Constitution.
U.S. District Judge Karin Immergut issued a 106-page decision Friday that bars Defense Secretary Pete Hegseth from sending federalized Guard members from Oregon, Texas and California into Portland. The Trump appointee said the deployment exceeded presidential authority and violated the 10th Amendment.
The ruling followed a three-day trial examining whether protests at Portland’s Immigration and Customs Enforcement building justified military intervention under federal law. The Trump administration argued troops were necessary to protect federal personnel and property, Fox News reported.
Immergut disagreed. (RELATED: Trump-Appointed Judge Stalls Decision On National Guard Deployment In Portland)
“The evidence demonstrates that these deployments, which were objected to by Oregon’s governor and not requested by the federal officials in charge of protection of the ICE building, exceeded the President’s authority,” she wrote.
The judge said Trump failed to prove a rebellion existed that required military force. She added that Oregon’s governor opposed the deployment and federal officials responsible for the ICE building never requested troops.
“Even giving great deference to the President’s determination, the President did not have a lawful basis to federalize the National Guard,” Immergut said.
The decision cited the 10th Amendment, “which ‘reserves to the States’ any powers not expressly delegated to the federal government in the Constitution.”
Portland and Oregon sued the administration in September after Hegseth sent 200 troops to the city. The judge temporarily blocked the deployment Sunday before making it permanent Friday.
The administration can appeal the ruling. Trump also faces a temporary injunction blocking troop deployments in Chicago.
