President Donald Trump wants to protect a federal illegal alien processing facility that he says is "under siege from attack by Antifa and other domestic terrorists."
But just after stopping him from deploying the state's own National Guard troops, U.S. District Judge Karin Immergut recently blocked the president's attempt to deploy troops from California and Texas.
At the emergency hearing late Sunday, Immergut, who was appointed by President Donald Trump during his first term, accused the federal government of seeking an end run around her order from the day before.
Art Arthur, a resident fellow in law and policy at the Center for Immigration Studies (CIS), says Judge Immergut does not think the situation in Portland is equivalent to the almost continual riots against Immigration and Customs Enforcement (ICE) in Los Angeles over the summer.
"The Ninth Circuit permitted Trump to use National Guard troops to respond to those incidents in Los Angeles," Arthur notes. "It's a distinct possibility that, on review, the Ninth Circuit, which also has jurisdiction over Oregon, will reverse Judge Immergut's order."
The U.S. Court of Appeals for the Ninth Circuit is hearing the Trump administration's appeal. A trial on the case is scheduled for October 29, 2025.
Arthur asserts that the president has the authority to send as many federal agents from the Border Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), or the Drug Enforcement Administration (DEA) to Portland as he wants.
"I anticipate that other federal officers will be sent there … to help provide security there," he tells American Family News. "It's perfectly permissible, and no federal judge has the authority to intervene in that matter."
Judge Immergut's temporary order only applies to the National Guard.
It expires in 14 days unless it is extended at a hearing set for Oct. 17. Arguments for a preliminary injunction — a more permanent block — are set for later this month.
The state of Illinois and the city of Chicago are also seeking to block the deployment of federalized National Guard troops to the nation's third largest city. U.S. District Judge April Perry has allowed the federal government to continue that deployment while it responds to the suit.
