A federal judge on Sunday extended an order that prevents President Donald Trump from sending National Guard troops into Portland, continuing a high-stakes legal battle over the limits of presidential authority to federalize state guards for domestic operations.
U.S. District Judge Karin J. Immergut, a Trump appointee issued a preliminary injunction after a three-day bench trial last week, barring the deployment of Guard personnel from Oregon or other states into Portland through at least Friday, Nov. 7, 2025, while the court reviews legal challenges brought by Oregon, the city of Portland and California. The plaintiffs argue that federalizing state troops for law-enforcement purposes would violate the Posse Comitatus Act and the Constitution.
The Justice Department has vigorously opposed the injunction, arguing that the administration has the authority to protect federal facilities and personnel and that conditions in Portland warranted a federalized response. The department has sought relief from the U.S. Court of Appeals for the Ninth Circuit, setting up competing rulings in the lower courts and the appeals court. Earlier this month a divided Ninth Circuit panel temporarily allowed some troop movements while the appeals process proceeded — underscoring how rapidly the litigation and operational posture have shifted.
Judge Immergut, who has expressed skepticism about the administration’s factual and legal basis for federalizing the Guard, said in earlier rulings that the government’s portrayal of Portland as a “war-ravaged” city did not match the record presented in court. Her decisions have drawn sharp criticism from the White House; President Trump has singled out Immergut in public remarks, at one point misstating basic details about the judge. Legal observers note the unusual optics of a Trump appointee imposing limits on a president from the same party.
Portland officials welcomed the extension as a temporary protection against what they call an unconstitutional use of military forces for domestic policing. State leaders and city lawyers say the case could have long-term implications for the balance of federal and state power and for when, if ever, a president can mobilize Guard forces outside the usual state chain of command. The administration says it will continue to press its legal claims and has signaled it may seek faster review by higher courts.
With both district and appellate courts weighing competing rulings, the dispute is likely to proceed through further filings and possible expedited appeals. For now, Judge Immergut’s extension keeps federalized Guard troops from entering Portland under the administration’s current plan, at least until the injunction’s short window closes or is overturned on appeal.
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