Federal Judge Says Trump Can’t Federalize National Guard Despite Ongoing Portland Chaos [WATCH]

A federal judge in Oregon ruled Sunday that President Donald Trump likely lacked the authority to federalize the Oregon National Guard to assist federal agents protecting the U.S. Immigration and Customs Enforcement (ICE) facility in Portland, which has faced near-daily unlawful demonstrations since early June.

BREAKING: I went behind the scenes at the ICE facility in Portland with the Department of Homeland Security’s Federal Protective Service (@FPSDHS).

As anti-ICE protesters lay siege to the ICE facility for more than 90 consecutive days, here’s an inside look at the officers who… pic.twitter.com/Uy5pe4jJ5D

— Katie Daviscourt 📸 (@KatieDaviscourt) September 11, 2025

U.S. District Court Judge Karin J. Immergut, who was appointed by President Trump, issued an order extending a preliminary injunction that temporarily prevents the federalization of the state’s National Guard.

In her ruling, Immergut determined that the administration had not met the necessary legal threshold under Title 10, Section 12406 of the U.S. Code, which allows for federalization under specific conditions such as invasion, rebellion, or when the enforcement of federal laws becomes impossible.

“This Court determines based on the trial testimony, and the exhibits it has reviewed so far, that Plaintiffs are entitled to a preliminary injunction on their claims that Defendants’ federalization and deployment of the National Guard to Oregon violates 10 section 12406 of the Tenth Amendment,” Judge Immergut wrote.

This Could Be the Most Important Video Gun Owners Watch All Year

A final ruling on the injunction is expected on November 7.

The case, Oregon v. Trump et al., was filed by the state of Oregon and the City of Portland.

Plaintiffs argued that the president’s move constituted an unlawful intrusion into state and local authority.

They maintained that federal law enforcement agencies, including the Department of Homeland Security (DHS) and Federal Protective Service (FPS), already have the ability to protect federal property without mobilizing the National Guard.

Attorneys from the Department of Justice, representing President Trump, countered that deploying the National Guard was necessary due to escalating violence directed at the ICE facility and federal agents stationed there.

Deputy Assistant Attorney Eric Hamilton argued that the president’s decision fell within his constitutional powers and was not subject to judicial review.

Opening statement – Defense.

DOJ Deputy Assistant Attorney General Eric Hamilton argues that President Trump has full power to federalize the National Guard, citing the nation’s laws and SCOTUS ruling.

Hamilton told the Court that this is not up to judicial review. pic.twitter.com/PmdyPNUxdU

— Katie Daviscourt 📸 (@KatieDaviscourt) October 29, 2025

The Justice Department also noted that federal agencies were facing significant operational strain as a result of diverting personnel from their normal duties, including immigration enforcement under Title 8.

The three-day hearing took place at the Mark O. Hatfield U.S. Courthouse in downtown Portland. Judge Immergut heard testimony from multiple federal officials with firsthand knowledge of the protests at the ICE facility on Macadam Avenue.

These included incident commanders from FPS and ICE officials who described the events as sustained and violent demonstrations linked to Antifa-affiliated groups.

FPS commanders testified that more than 100 federal law enforcement officers from various agencies have been deployed to the ICE facility but that current staffing levels remain “inadequate” to ensure safety.

They said the addition of 200 National Guard members would allow federal officers temporarily assigned to Portland to return to their regular duties elsewhere.

The commanders also criticized the Portland Police Bureau for its limited involvement during the unrest, attributing the lack of support to state and local policies governing use of force and sanctuary enforcement.

According to testimony, Portland police officers were often instructed not to intervene directly in incidents around the ICE facility.

ICE Seattle Field Office Director Camilla Walmsley also testified in support of National Guard deployment.

She described multiple incidents of violence that led to injuries among federal personnel and temporary suspension of ICE operations at the Portland facility.

Walmsley stated that ICE lacks sufficient resources to continue assisting FPS and that its Special Response Team members need to return to their assignments involving high-risk immigration enforcement operations.

The plaintiffs argued that deploying the National Guard would worsen tensions and “inflame” the protests, potentially leading to further violence.

However, Major General Timothy Rieger of the Oregon National Guard testified that his experience over more than 30 years has shown the opposite effect.

“In my experience, I have only seen Guardsmen provide a calming effect when deployed to assist with civil disturbances,” he told the court.

The ongoing protests at the ICE facility began on June 7 and have involved daily clashes with federal officers.

Testimony during the hearing described demonstrators as “highly organized” and equipped with radios, riot gear, helmets, ballistic vests, shields, and firearms.

Federal officials said the protests have included attempts to breach the facility, impede government vehicles, and harass officers outside of work.

The preliminary injunction will remain in effect until at least November 7, when Judge Immergut is expected to issue a final decision on whether the president’s order to federalize the Oregon National Guard was lawful under federal statute.