Ƶ Statement on Court Blocking Trump’s Unwarranted National Guard Deployment to Portland
PORTLAND, OR — A federal district court today granted Oregon Governor Tina Kotek’s and the City of Portland’s request for a temporary restraining order (TRO), blocking the Trump administration from federalizing and deploying 200 Oregon National Guard members to Portland. In her decision, Judge Karin Immergut found that the President’s determination that federal law enforcement officers could not “execute federal law” was “simply untethered to the facts” in Portland, there was no “rebellion” or a “danger of rebellion” in the city, and that the forced federalization of Oregon National Guard members violated the Constitution because it interfered “with the constitutional balance of power between the federal and state governments.”
“We applaud today's decision,” said Sandy Chung, executive director of the Ƶ of Oregon. “Judge Immergut’s ruling is consistent with the law and the facts on the ground in Portland. Not only would deployment of our state’s National Guard members waste up to $10 million in taxpayer dollars, there is simply no basis to deploy troops into Portland. The President’s attempt to do so is a dangerous abuse of power, and very disrespectful of our state, its people, and our National Guard service members.”
In the federal district court hearing on Friday, lawyers for the State of Oregon and City of Portland pointed out that the President’s National Guard activation over the Governor’s objection would result in approximately 60% of Oregon’s emergency response National Guard troops being unavailable for true emergencies like natural disasters. They also emphasized that protests near the Portland ICE facility have been overwhelmingly peaceful for months. According to their evidence, federal officials have themselves repeatedly told Portland officials that there was no need for additional local law enforcement support. In fact, the day before President Trump activated the Oregon National Guard, the Regional Director of the Federal Protective Service indicated to Portland police that there was “minimal activity” at the ICE facility. Oregon’s lawyers expressed concern that, like in Los Angeles, federal troop and law enforcement deployments would cause tension and escalation, not defuse it.
Meanwhile, the Justice Department lawyer representing President Trump and the Defense Department attempted to justify the National Guard activation with references to events in Los Angeles, Dallas, and President Trump’s Truth Social post declaring that Portland was “war ravaged” and that ICE facilities were purportedly “under siege” from "domestic terrorists.”
The district court judge’s opinion emphasized “this country has a longstanding and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs. This historical tradition boils down to a simple proposition: this is a nation of Constitutional law, not martial law. Defendants have made a range of arguments that, if accepted, risk blurring the line between civil and military federal power—to the detriment of this nation.”
“As the founders of this country made abundantly clear, turning troops on civilians is an intolerable threat to our liberties,” said Hina Shamsi, director of Ƶ’s National Security Project. “Even when the Ninth Circuit applied an overly-deferential standard to the President's decision to deploy troops in Los Angeles, it said that the decision must be made in good faith and honest judgment. Today, the district court found both were missing in the President’s decision to deploy troops to Portland. When President Trump is trying his best to imperil our First Amendment rights and scare those protesting his cruel policies into silence, it’s encouraging to see this court ruling based on adherence to law and facts, not the President’s fantasies of beautiful, vibrant American cities as hellscapes.”