On late Saturday, U.S. District Judge Karin J. Immergut issued a temporary restraining order that stopped the administration from sending about 200 Oregon National Guard members to Portland and making them federal employees. The judge said that the evidence did not meet the legal standard, according to court documents from the state (Oregon Department of Justice).
The City of Portland and the State of Oregon sued to stop the relocation, saying it was against the Tenth Amendment and went beyond what the law allowed.
Immergut, who was appointed by Trump, said that the administration had not presented conditions that would justify making the Guard federal for local law enforcement requirements.
The judge ruled that the protests near the ICE facility were minor and mostly peaceful, thus they did not amount to a “rebellion” or an incapacity to enforce federal law. This was also said in the plaintiffs’ brief and the order.
Oregon Attorney General Dan Rayfield said the ruling validated the state’s position that the administration failed to meet the statutory standards for federalizing the Guard. “The president must have actual facts—based on reality—to mobilize the military in the United States,” he wrote.
Rayfield said the state anticipates an appeal to the Ninth Circuit and emphasized continued work by the Oregon Department of Justice. He added that DOJ staff “will continue to fight for our state’s laws and values every single day.”
Oregon Public Broadcasting paraphrased her as saying, “This is a nation of constitutional law, not martial law.”
The temporary order keeps Guard members under state control while the case proceeds. A hearing is set for October 17 and that the order is in effect until October 18.
The White House said it will appeal and kept saying that the deployment is necessary to defend federal property. Portland and state leaders keep the current local and federal law enforcement resources.
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