Judge rules Trump administration failed to meet legal requirements for
deploying troops to Portland
[November 08, 2025]
By CLAIRE RUSH and GENE JOHNSON
PORTLAND, Ore. (AP) — A federal judge in Oregon ruled Friday that
President Donald Trump’s administration failed to meet the legal
requirements for deploying the National Guard to Portland after the city
and state sued in September to block the deployment.
The ruling from U.S. District Court Judge Karin Immergut, a Trump
appointee, followed a three-day trial last week in which both sides
argued over whether protests at the city’s U.S. Immigration and Customs
Enforcement building met the conditions for using the military
domestically under federal law.
The administration said the troops were needed to protect federal
personnel and property in a city that Trump described as “war ravaged”
with “fires all over the place.”
In a 106-page opinion, Immergut found that even though the president is
entitled to “great deference” in his decision on whether to call up the
Guard, he did not have a legal basis for doing so because he did not
establish that there was a rebellion or danger of rebellion, or that he
was unable to enforce the law with regular forces.
“The trial record showed that although protests outside the Portland ICE
building occurred nightly between June and October 2025, ever since a
few particularly disruptive days in mid-June, protests have remained
peaceful with only isolated and sporadic instances of violence,"
Immergut wrote. “The occasional interference to federal officers has
been minimal, and there is no evidence that these small-scale protests
have significantly impeded the execution of any immigration laws.”
The Trump administration criticized the judge's ruling.
“The facts haven’t changed. Amidst ongoing violent riots and
lawlessness, that local leaders have refused to step in to quell,
President Trump has exercised his lawful authority to protect federal
officers and assets. President Trump will not turn a blind eye to the
lawlessness plaguing American cities and we expect to be vindicated by a
higher court,” said Abigail Jackson, a White House spokeswoman.
“The courts are holding this administration accountable to the truth and
the rule of law,” Oregon Attorney General Dan Rayfield said in an
e-mailed statement. "From the beginning, this case has been about making
sure that facts, not political whims, guide how the law is applied.
Today’s decision protects that principle.”
Democratic cities fight back
Democratic cities targeted by Trump for military involvement — including
Chicago, which has filed a separate lawsuit on the issue — have been
pushing back. They argue the president has not satisfied the legal
threshold for deploying troops and that doing so would violate states’
sovereignty.
Immergut issued two orders in early October that had blocked the
deployment of the troops leading up to the trial. The first order
blocked Trump from deploying 200 members of the Oregon National Guard;
the second, issued a day later, blocked him from deploying members of
any state's National Guard to Oregon, after he tried to evade the first
order by sending California troops instead.
Immergut has called Trump's apocalyptic descriptions of Portland “simply
untethered to the facts.”
[to top of second column]
|
People protest outside a U.S. Immigration and Customs Enforcement
facility as law enforcement officers walk out of the gates to guard
vehicles leaving the facility on Oct. 11, 2025, in Portland, Ore.
(AP Photo/Jenny Kane, File)
The 9th U.S. Circuit Court of Appeals has already ordered that the
troops not be deployed pending further action by the appeals court.
The trial Immergut held further developed the factual record in the
case, which could serve as the basis for further appellate rulings.
Demonstrations at ICE building peaked in June
Witnesses including local police and federal officials were
questioned about the law enforcement response to the nightly
protests at the city’s ICE building. The demonstrations peaked in
June, when Portland police declared one a riot. The demonstrations
typically drew a couple dozen people in the weeks leading up to
Trump’s National Guard announcement.
The Trump administration said it has had to shuffle federal agents
from elsewhere around the country to respond to the Portland
protests, which it has characterized as a “rebellion” or “danger of
rebellion.”
Federal officials working in the region testified about staffing
shortages and requests for more personnel that have yet to be
fulfilled. Among them was an official with the Federal Protective
Service, the agency within the Department of Homeland Security that
provides security at federal buildings, whom the judge allowed to be
sworn in as a witness under his initials, R.C., because of safety
concerns.
R.C., who said he would be one of the most knowledgeable people in
DHS about security at Portland’s ICE building, testified that a
troop deployment would alleviate the strain on staff. When
cross-examined, however, he said he did not request troops and that
he was not consulted on the matter by Homeland Security Secretary
Kristi Noem or Trump. He also said he was “surprised” to learn about
the deployment and that he did not agree with statements about
Portland burning down.
Attorneys for Portland and Oregon said city police have been able to
respond to the protests. After the police department declared a riot
on June 14, it changed its strategy to direct officers to intervene
when person and property crime occurs, and crowd numbers have
largely diminished since the end of that month, police officials
testified.
The ICE building closed for three weeks over the summer because of
property damage, according to court documents and testimony. The
regional field office director for ICE’s Enforcement and Removal
Operations, Cammilla Wamsley, said her employees worked from another
building during that period. The plaintiffs argued that was evidence
that they were able to continue their work functions.
___
Johnson reported from Seattle. Associated Press staff writer
Michelle L. Price in Palm Beach, Florida, contributed to this
report.
All contents © copyright 2025 Associated Press. All rights reserved |
