PORTLAND, Ore. (FLUXDAILY) — A federal trial is unfolding in Portland, examining whether President Donald Trump legally deployed the National Guard to the city amid significant citywide protests against federal immigration policies. Local authorities are set to testify that the federal response has inflamed social tensions rather than quelled them.
The trial, overseen by U.S. District Court Judge Karin Immergut, a Trump appointee, follows a lawsuit initiated by Portland and the state of Oregon aiming to halt troop deployment and challenge its legality. Immergut has previously issued temporary restraining orders against troop deployment while evaluating the case.
In her preliminary findings, Immergut indicated that Trump did not meet the statutory conditions laid out by Congress regarding domestic military use, describing his portrayal of Portland as ‘war ravaged’ as detached from reality. A recent pause on one of her orders was challenged by a three-judge panel but later revisited and vacated by the 9th U.S. Court of Appeals, which will re-examine the issue with additional justices.
Democratic-led cities, including Portland and Chicago, argue that Trump's assessments are neither legally grounded nor necessary, asserting that the deployment of the National Guard infringes upon state sovereignty.
Witness testimonies during the trial are anticipated from both sides, with federal defendants including officials from Homeland Security and the Federal Protective Service discussing protest responses. They maintain that violent protests warrant such intervention, framing the situation as a ‘rebellion’ — criteria justified for calling in National Guard support.
Local officials push back, stating that the federal use of tear gas and other crowd control measures on nonviolent demonstrators undermines their First Amendment rights and creates additional conflict rather than alleviating it. They also highlight a lack of reliable communication and coordination with federal forces.
The courtroom proceedings are expected to stretch over three days and will delve into the intricate dynamics between federal forces and local law enforcement amid ongoing civil unrest.
