On Wednesday, U.S. District Court Judge Karin Immergut extended temporary rulings blocking the Trump administration from federalizing and deploying members of the National Guard to Portland.
The temporary restraining orders were set to expire this weekend, but instead will be extended for another 14 days.
The largely procedural decision maintains the status quo on the ground as the Trump administration, the states of California and Oregon, along with the city of Portland all await a ruling from the 9th Circuit Court of Appeals.
“If the Ninth Circuit rules against me, I’m going to immediately dissolve [temporary restraining order] number one,” Immergut said.
Last week, the 9th Circuit heard arguments after the Trump administration appealed Immergut’s order that temporarily blocked the administration from federalizing 200 members of the Oregon National Guard and deploying them to the U.S. Immigration and Customs Enforcement facility in Portland.
Hours after Immergut issued a written order Oct. 4, the Trump administration sent roughly 200 federalized members of the California National Guard to Oregon. They also moved to send up to 400 federalized members of the Texas National Guard to Chicago and Portland.
On Oct. 5, Immergut held an emergency hearing that added California to the case. She also expanded the restraining order to block any guard members under the president’s authority from deploying to Oregon.
Upcoming trial
During Wednesday’s hearing, Immergut also laid the groundwork for a three-day trial in the case.
The trial, slated to begin Oct. 29, will focus on two of the claims raised in the lawsuit: state’s sovereignty as well as the federal statute authorizing the president to federalize the National Guard.
Under the Tenth Amendment, any power not given to the federal government by the U.S. Constitution is left to the states.
Oregon, California and the city of Portland argue in their lawsuit that by federalizing the National Guard, the Trump administration “would usurp the Governor of Oregon’s role as Commander-in-Chief of the National Guard in Oregon,” violating state sovereignty.
“Under our system of federalism, policing and crime control remain one of the most basic rights reserved to the states.”
Attorneys for the Trump administration have argued the president has broad authority to call up members of the National Guard, even if the governor disagrees.
Immergut will also determine if the troop deployment aligns with federal statute.
Under the law, the president can federalize members of a National Guard if there’s a foreign invasion, rebellion or threat of one, or if the president is not able to execute federal law using regular forces.
“None of those factual circumstances are present in Oregon, and Defendants’ assertions to the contrary are patently pretextual and lack any good-faith basis,” attorneys for the states and city wrote in their lawsuit.
Attorneys with the Trump administration have pointed out the Portland ICE facility had to close for several weeks starting in June. New reporting from OPB shows despite a 22-day closure, immigration officers still arrested and held people at the facility.
The administration has also argued federal law enforcement needs more resources to protect the federal building and people who work there.
Legal scholars say there’s nothing in federal law or the U.S. Constitution that gives the president the authority to use the military to protect federal functions.
This story comes to you from the Northwest News Network, a collaboration between public media organizations in Oregon and Washington.