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US District Court Judge Karin Immergut On Sunday, it temporarily extended an order blocking the Trump administration from deploying National Guard troops to Portland, Oregon, saying the government had failed to justify the move.
In an order issued Sunday evening, Immergut “preliminarily directs Defendant Secretary of Defense Hegseth to implement” memoranda authorizing the federalization and stationing of National Guard members from Oregon, Texas and California in Portland.
The injunction will remain in effect “until the court makes a final determination on the merits by Friday, November 7, 2025, no later than 5:00 p.m.”
Immergut said the court witnessed “three days of testimony and arguments in a trial that ended 48 hours ago,” reviewing more than 750 exhibits, many of them voluminous. She wrote that “the interests of justice require that the court complete a thorough review of the exhibits and trial records before making a final determination on the merits of the case.”
Karin J. Immergut (left) and Richard A. Hertling (right), nominated for U.S. District Judge for the District of Oregon and U.S. Court of Federal Claims Judge, respectively, are sworn in during a judicial nomination hearing held by the Senate Judiciary Committee on October 24, 2018 in Washington, DC. (Vin McNamee/Getty Images)
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She ultimately assessed the Trump administration's actions and found a lack of justification on the part of the government.
“Based on the testimony at trial, this Court finds no credible evidence that during the approximately two months preceding the President's federalization order, the protests grew out of control or involved anything more than isolated and sporadic incidents of violent behavior that did not result in serious injury to Federal employees,” she wrote.
The judge also concluded that the President “probably lacked compelling justification” for invoking section 12406(3) or section 12406(2) to federalize and station the National Guard at the ICE facility in Portland.
Immergut pointed to the readings local law enforcement — officials with first-hand knowledge of the demonstrations — as key to her conclusion that the protests did not amount to an uprising.
Federal agents clash with anti-ICE protesters outside a U.S. Immigration and Customs Enforcement building on October 12, 2025 in Portland, Oregon. (Mathieu Lewis-Rolland/Getty Images)
“Based on the testimony in court, which the court found reliable, in particular the testimony Portland Police Department Command Staff“who work in Portland and have first-hand knowledge of the crowd at the ICE building from June to the present, the protests in Portland during the National Guard call are likely not a 'riot' and likely do not pose a risk of insurrection,” she wrote.
Immergut also concluded that the administration's actions likely violated legal limits and constitutional protection.
The judge wrote that the defendants' “federalization and deployment of the National Guard in response to protests outside one federal building in Portland, Oregonexceeded the statutory delegated authority under 10 USC § 12406 and violated the Tenth Amendment.”
Law enforcement officials stand guard outside U.S. Immigration and Customs Enforcement (ICE) headquarters after U.S. District Judge Karin Immergut on Sunday temporarily blocked U.S. President Donald Trump's administration from sending any National Guard troops to the Portland Police, in south Portland, Oregon, Oct. 5, 2025. (Carlos Barria/Reuters)
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She added that sending troops from one state to another violates state sovereignty, calling it “an infringement on Oregon's sovereignty under the Constitution and Oregon's equal sovereignty among the states.”
The judge said she expects to make her final determination on the merits of the case by Friday, November 7, 2025, by 5:00 p.m. Pacific Time. Until then, “the Oregon National Guard can remain federalized but not deployed.”
