US judge says Trump cannot deploy National Guard to Portland
A US judge will not allow President Donald Trump to deploy National Guard members to the city of Portland, Oregon.
The decision is the latest in a weeks-long court battle over whether the president violated federal law when he sent troops into a U.S. city despite objections from local officials.
Soldiers were prevented from deploying to the city due to an interim court order. This order is now permanent.
Portland’s deployment is part of a series of efforts by the Trump administration to quell protests against federal immigration raids in predominantly Democratic-led cities including Chicago, Los Angeles and Washington, D.C.
The decision of US District Judge Karin Immergut, appointed by Trump, is as follows: This is the first time the Trump administration has been permanently prevented from sending troops to a city.
However, the management is expected to appeal the decision and the matter may go to the Supreme Court.
Judge Immergut issued two temporary restraining orders when he ruled against the Trump administration earlier this month. One prevented Trump from mobilizing the Oregon National Guard to Portland, while a broader order prevented him from sending troops from any state to Oregon. Trump had tried to send forces from California and Texas.
In the 106-page ruling, Judge Immergut said he was not blocking the president from using National Guard troops, but that in Portland, “the President has no legal basis to federalize the National Guard.”
He wrote that there was neither rebellion nor danger of insurrection where the president needed to send troops.
He also said Trump violated the 10th Amendment to the US Constitution, which gives states all powers not expressly granted to the federal government.
The judge added that he would leave it to the high court to determine the standard for when a president “can deploy the military on the streets of American cities,” but added that “wherever exactly that line lies, the defendants have failed to make it clear.”
There are competing narratives about what exactly is happening on the ground in Oregon between state and local officials and the Trump administration.
The Justice Department described the city as “war-torn” and said there was a violent siege at an immigrant detention facility in Portland.
“As we have always maintained, President Trump is using his legal authority to protect federal assets and personnel in the wake of violent riots that local leaders have refused to address,” the White House previously said in a statement. he said.
But local officials and most city residents said the violence was not widespread and was contained by Portland police.
“This case is about whether we have constitutional law or martial law,” said Portland attorney Caroline Turco.
