A federal judge in Portland, Oregon, on Friday rejected the Trump administration’s request to immediately lift her order blocking the deployment of federalized national guard troops to the city, saying that she would decide the matter by Monday.
The hearing in Portland and one in Washington DC are the latest in a head-spinning array of lawsuits and overlapping rulings prompted by Trump’s push to send the military into Democratic-run cities despite fierce resistance from mayors and governors. Troop deployment remains blocked in the Chicago area, where all sides are waiting to see whether the US supreme court intervenes to allow it.
The Portland district court judge, Karin Immergut, had previously issued two temporary restraining orders blocking the deployment of national guards troops there, in response to a persistent but small protest outside an Immigration and Customs Enforcement (ICE) office.
Her first order, blocking the deployment of 200 troops from the Oregon national guard, said that Donald Trump had exceeded his authority by taking federal control of the troops based on his claim that the city was in a state of war-like rebellion. Trump’s assessment, Immergut ruled, was “simply untethered to the facts”.
When Trump responded to that order by sending 200 troops from California’s national guard to Oregon, and threatened to send 400 more from Texas, Immergut determined it was an attempt to evade her order, and issued a second order barring the deployment of troops from anywhere in the country to Portland.
Immergut’s first order was lifted on Monday by a three-judge panel of the ninth circuit court of appeals, over the strong dissent of the only judge on the panel who lives in Portland. But because the government never appealed Immergut’s second order, it remains in effect and the deployment of troops remains blocked until she decides whether or not to lift or modify it in response to the appeals court ruling.
At a virtual hearing on Friday, Immergut cited two reasons for her to delay lifting the second injunction. The first was that the appeals court did not address a central fact in her second order: that she had issued it in part because the government responded to her first order by attempting to evade it. The second was that the ninth circuit appeals court is currently considering a call from one of its judges to rehear the appeal of her first order before a larger panel of 11 judges.
Later on Friday, the ninth circuit appeals court paused the lifting of Immergut’s first order until next Tuesday evening, to give the court time to decide whether or not to rehear that case. The effect of that pause is that Trump will remain blocked by the courts from deploying troops to Portland for at least another four days.
In Washington DC, a US district judge, Jia Cobb, a nominee of Joe Biden, was hearing arguments Friday on a request from Brian Schwalb, the District of Columbia attorney general, for an order that would remove more than 2,000 guard members from Washington streets.
In August, Trump issued an executive order declaring a crime emergency in the district – though the Department of Justice itself says violent crime there is at a 30-year low.