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The ruling by the Trump-nominated judge marks the latest setback to White House efforts to crack down on Democratic-led cities it claims are stricken by crime and disorder, often in part by citing the need to protect ICE facilities from riotous protesters.
District Judge Karin Immergut found that Oregon and the city of Portland “are likely to succeed on their claim that the President exceeded his constitutional authority and violated the Tenth Amendment,” Immergut’s opinion reads.
Recent incidents cited by the Trump administration of protesters clashing with federal officers, “are inexcusable, but they are nowhere near the type of incidents that cannot be handled by regular law enforcement forces,” the judge said.
The Trump administration “made a range of arguments that, if accepted, risk blurring the line between civil and military federal power – to the detriment of this nation,” the judge wrote.
The temporary restraining order expires in 14 days on October 18, at which point the state plans to request an extension, according to Oregon Attorney General Dan Rayfield.
The administration had called for the federalisation of 200 members of Oregon’s National Guard, who officials had previously said were still training as of Friday evening and not in Portland.
The order places the National Guard back under the command of Governor Tina Kotek, Rayfield said.
Oregon officials expect the Trump administration to appeal as the case makes its way through the judicial system, with a hearing set for October 29.
State and city officials yesterday applauded the judge’s decision, saying it reaffirms there was no rebellion in the city or significant disruption in the weeks leading up to the administration’s directive.
“Today’s ruling is a healthy check on the president’s power, and as the president, you must have actual facts based on reality, not social media or just your gut feeling, if you want to mobilise the military,” Rayfield said at a news conference.
Oregon’s governor called the judge’s decision “a step in the right direction.”
“We would hope that President Trump respects the court decision and the rule of law,” Kotek said. “We would hope he reverses course.”
CNN has reached out to the White House for comment.
The Trump administration has been pointing to renewed unrest in both Portland and Chicago to justify a deployment of federal troops to the two Democrat-led cities, seizing on new rounds of protests and the recent arrest of a conservative influencer.
President Donald Trump has authorised 300 members of the Illinois National Guard to “protect federal officers and assets” in Chicago, the White House said, after protests at an Immigration and Customs Enforcement facility near the city led to more than a dozen arrests on Friday.
Here’s what else we know about the situations in the two cities.
Portland attorneys argue ‘perception versus reality problem’
Oregon and Portland officials jointly sued the administration this week after President Donald Trump announced he would send the National Guard to protect the city.
The state says the order is illegal and has called the president’s portrayal of the city “wildly hyperbolic.”
“I’ve said from the very beginning the number of federal troops that are needed or wanted is zero,” Portland Mayor Keith Wilson said at a Saturday news conference.
The president and his administration have cited weekslong demonstrations outside the Portland ICE facility, framing them as “violent riots” tied to “Antifa domestic terrorists.” Local officials dispute that characterisation, claiming in the lawsuit that protests were small until Trump’s National Guard announcement brought renewed attention to them.
The administration has also called out the arrest of Sortor, a 27-year-old conservative influencer, amid protests outside the ICE facility in Portland during what police characterised as a fight.
He was released hours later without bond but went on to decry his detention as a wrongful arrest.
Soon after, the Department of Justice launched an investigation into “potential viewpoint discrimination” on the part of Portland police, something the department denied.
Two more people were arrested and charged with disorderly conduct at a protest in Portland Friday evening, including one person who had “a can of chemical spray and a collapsible metal coil baton,” the Portland Police Bureau said in a news release.
The agency said they “will continue to monitor protest activity.”
“Just because arrests are not made at the scene, when tensions are high, that does not mean that people are not being charged with crimes later,” the police department said.
On Friday, Judge Immergut heard nearly two hours of testimony over the legality of a possible National Guard deployment to the city.
US Deputy Assistant Attorney General Eric Hamilton cited a variety of incidents he said make the National Guard deployment necessary.
Hamilton accused demonstrators of blocking the entrance to the ICE facility, following ICE agents home and throwing incendiary devices, rocks and bricks at law enforcement. The facility closed for three weeks over the summer “because of the violence,” he said. CNN has reached out to the Department of Homeland Security and ICE for more details on the facility closure.
But Caroline Turco, an attorney for the city of Portland, said what ultimately is happening in Portland is a “perception versus reality problem.”
“The president’s perception is it’s World War II out here. The reality is, it’s a beautiful city and a sophisticated police force that can handle the situation,” Turco said.
Oregon state attorneys said the use of Oregon’s National Guard for civilian law enforcement does not fall within the narrow circumstances – including “rebellion” or invasion by a foreign nation – under which the president has the power to call state troops into federal action.
Federal law also orders this type of action to be made through state governors. Gov. Kotek has fiercely opposed the deployment.
Trump’s attempted crackdown in Portland follows similar efforts in Washington, DC, Los Angeles and Memphis – an effort met with impassioned pushback from Democratic leaders nationwide who argue the moves are politically motivated and lack justification.
Last month, a federal judge in California ruled that the Trump administration broke the law when it deployed thousands of federalised National Guard soldiers and hundreds of Marines to suppress protests against ICE actions in Los Angeles.
The decision barred troops from carrying out law enforcement in the state, but the White House has appealed the decision.