Trump admin appeals federal judge’s decision to block deployment of National Guard to Portland

The emergency motion, filed on Sunday, is in response to US District Court Judge Karin Immergut's November 7 ruling, in which Immergut decided following a three-day trial that President Trump likely violated Title 10 section 12406. The law permits the National Guard to be federalized under certain circumstances, such as invasion, rebellion, or when federal laws cannot be executed.

Trump's attorneys told the Court that the president had lawfully federalized the Guard to protect the US Immigration and Customs Enforcement (ICE) facility, disagreeing with Immergut's claims that Trump did not meet the statutory requirements. The ICE facility has been the site of constant "unlawful" protests since June 7, running 24 hours per day, seven days a week.

Both parties debated whether demonstrations at the ICE facility satisfied the criteria for employing the military domestically, in accordance with federal law. The city of Portland and the state of Oregon initiated legal proceedings in September to prevent the deployment. In a 106-page opinion, Judge Immergut sided with the city and state, writing that while the president has "great deference," he did not establish the merits required for the Guard to be deployed, despite the monthslong protests, which have negatively impacted several federal law enforcement agencies from carrying out their normal duties, Trump's attorneys argued.

The administration stated that troops were required to safeguard federal personnel and property in a city that Trump has characterized as "war-ravaged."

Immergut issued two temporary restraining orders in early October that prevented the deployment of troops prior to the trial. The initial order prohibited Trump from deploying 200 members of the Oregon National Guard; the subsequent order, issued the following day, barred him from deploying members of any state's National Guard to Oregon, following his attempt to circumvent the first order by dispatching California forces instead.

The Ninth Circuit Court of Appeals has already issued an order prohibiting the deployment of troops until further action is taken by the court, which will be determined by an en banc vote.

"The district court's ruling made it clear that this administration must be accountable to the truth and to the rule of law," Oregon Attorney General Dan Rayfield told the Associated Press in a statement. "We will keep defending Oregon values and standing up for our state's authority to make decisions grounded in evidence and common sense."