Oregon Judge Extends Block on Trump’s Portland Troop Plan for Another Two Weeks

The Temporary Restraining Order (TRO), granted by U.S. District Court Judge Karin J. Immergut earlier this month to block President Trump’s National Guard deployment to Portland, was extended by another 14 days yesterday.

Judge Immergut initially granted the TRO after noting that the Trump administration lacked legal justification to mobilize troops, as no threat of rebellion exists in Portland, and local police are still able to enforce federal laws and can deal with protests at the ICE building and federal officers.

A three-judge panel of the 9th Circuit Court granted a brief administrative hold on Immergut’s initial restraining order on October 8 after a federal government appeal.

The ruling allows the Oregon troops to remain under federal control but prohibits their deployment to Portland while the panel deliberates on the case.

The panel is expected to rule at any time on last Friday’s hearing to decide whether to grant a more lasting hold on Immergut’s initial restraining order.

The judge also granted a further 14-day TRO after Trump sent 200 California National Guard members to Portland and called up Texas National Guard members to respond to Oregon. In the second ruling,

Trump was barred from deploying National Guard troops to Portland. The federal government did not challenge Immergut’s second TRO, which lapses this weekend.

In yesterday’s emergency hearing, Judge Immergut extended the block on the Trump administration from federalizing and deploying National Guard troops to Portland, ahead of the federal trial, which is set to begin on October 29.

Judge Immergut indicated that the trial would be limited to legal arguments around:

• The federal code’s Title 10, Section 12406: Delineates criteria the president must meet to place National Guard troops under federal control, and
• The 10th Amendment protects states’ sovereign interests and reserves powers not delegated to federal officials, which then go “to the States.”

The hearings and appeals processes could drag on for up to two years.