Trump again blocked from sending troops to Portland

A federal judge on Sunday blocked President Trump from deploying the National Guard in Portland until the judge issues her final ruling later this week. 

U.S. District Judge Karin Immergut expects to issue that ruling by Friday evening, after holding a trial last week on whether the deployment was legal. 

In the meantime, the judge ruled the deployment should again be blocked because Oregon and Portland’s legal challenge is likely to succeed. 

“This Court heard the trial testimony and arguments of counsel and has been in the process of diligently reviewing all the evidence,” Immergut wrote. “The interest of justice requires that this Court complete a thorough review of the exhibits and trial transcripts before issuing a final decision on the merits.” 

Trump called up hundreds of members of the Oregon National Guard in September, saying it was necessary to combat violent opposition to officers at an Immigrations and Customs Enforcement (ICE) facility in Portland. 

It’s one of several cities where the president has deployed the National Guard. His deployments to Los Angeles, Chicago and Washington, D.C., have also come under legal challenges.  

In Portland, Trump points to a federal law enabling him to federalize the guard when there is an invasion, rebellion or an inability to execute the laws with “regular forces.” Trump contends the last two conditions have been met, saying ICE officers have been threatened, doxxed and even trapped in their cars. 

But the judge, a Trump appointee, in her ruling Sunday wrote that the ICE facility protests were “generally uneventful” with only “occasional” interference to federal personnel. 

“Although there were sporadic instances of unlawful behavior, federal law enforcement, along with local law enforcement, were able to manage the situation and arrest and prosecute those responsible for criminal conduct,” Immergut wrote. 

Trump has asserted judges have no authority to second-guess his determinations. He has brought a similar argument to the Supreme Court in the Chicago case, and the justices are due to rule after receiving additional information later this month. 

Sunday's ruling isn't the first time Immergut has halted Trump's Portland deployment. She temporarily blocked it early last month, though an appeals court later lifted that ruling.

In the latest round of litigation, the president had told Immergut she had no authority to issue the new, temporary block in advance of her final ruling this week.

Though the judge rejected that argument and blocked the deployment, she did allow Trump to keep the guard federalized. It means Trump will remain the troops’ commander-in-chief, but he still cannot send the troops out on the streets of Portland.