UPDATE: Oct. 9, 2025: A three-judge panel for the Ninth Circuit Court of Appeals on Wednesday granted an administrative stay of U.S. District Judge Karin Immergut’s Oct. 4 temporary restraining order blocking President Donald Trump’s federalization of the Oregon National Guard.
The Trump administration has not yet appealed Immergut’s second temporary restraining order, issued Oct. 5, prohibiting it from deploying National Guard troops from any state to Portland.
The three-judge panel said in its ruling that “the effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed.”
“Importantly, this order keeps the Trump Administration from military intervention in Portland,” Oregon Gov. Tina Kotek said in a statement. “The facts on the ground have not changed. There is no need for military intervention in Oregon. There is no insurrection in Portland. No threat to national security.”
Portland Mayor Keith Wilson said in a statement that “local police are focused on protecting Portlanders’ right to protest peacefully and keeping our community safe.”
The panel will hear arguments today on the state’s lawsuit about the circumstances under which a president can deploy federal troops in a state without the governor’s approval.
Also today, U.S. District Court Judge April Perry will hold a hearing on Chicago and Illinois’ lawsuit asking the court to block federalized Texas and Illinois National Guard troops from being deployed in Chicago. The Texas National Guard began deploying into the greater Chicago area Wednesday night.
UPDATE: Oct. 7, 2025: U.S. District Judge April Perry on Monday denied Illinois officials’ request for a temporary restraining order to immediately block the deployment of National Guard troops in Chicago and gave the Trump administration until 11:59 p.m. Wednesday to respond to a lawsuit filed by Illinois and Chicago challenging the deployment.
Texas Gov. Greg Abbott posted a picture of several Texas National Guard members boarding a military plane on social media Monday night and said the troops were deploying. The lawsuit states that U.S. Defense Secretary Pete Hegseth federalized up to 300 members of the Illinois Guard over the objection of Illinois Gov. JB Pritzker and deployed up to 400 Guard members from Texas to Chicago.
Perry said during a briefing Monday afternoon that she was “very troubled” by Justice Department’s attorneys’ inability to offer details about the Guard deployments and urged the federal government to hold off on deploying them until a hearing scheduled for Thursday afternoon.
“We’ll see what they do,” Pritzker said of the troop deployment on MSNBC Monday. “It would be improper for them to be deployed before there’s a ruling, and we think there will be a ruling on Thursday.”
Chicago Mayor Brandon Johnson said during a press conference Monday that National Guard deployment would not only “make our streets less safe but will also have a chilling effect on economic activity in Chicago” and impose costs on the Chicago Police Department “and other city departments who will have to respond to protest activity.”
Shortly after Perry’s ruling Monday, President Donald Trump told reporters he would consider invoking the Insurrection Act “if people were being killed and the courts were holding us up, or governors or mayors were holding us up.”
Dive Brief:
- U.S. District Judge Karin Immergut on Sunday temporarily blocked the federal government from deploying federalized members of the National Guard from anywhere in the country to Portland, Oregon, a day after she issued a temporary restraining order stopping the Trump administration from mobilizing Oregon National Guard troops.
- The Trump administration had responded to the Saturday order with plans to instead send National Guard troops from California — without the consent of Gov. Gavin Newsom — and Texas, with the support of Gov. Greg Abbott. Texas National Guard troops also reportedly are being deployed to Illinois; the state filed suit against the move today and sought a temporary restraining order.
- “DHS under President Trump is deploying a whole-of-government approach to restore law and order in America’s cities,” U.S. Department of Homeland Security Secretary Kristi Noem said on social media Sunday. The Democratic Mayors Association said Trump is “declaring war on America’s cities.”
Dive Insight:
In her ruling to block the federalization of Oregon National Guard troops, Immergut, a Trump-appointed judge, said the case “involves the intersection of three of the most fundamental principles in our constitutional democracy:” the relationship between the federal government and the states, the relationship between the U.S. armed forces and domestic law enforcement and “the proper role of the judicial branch in ensuring that the executive branch complies with the laws and limitations imposed by the legislative branch.”
In issuing a temporary restraining order, the judge found that the plaintiffs are likely to succeed in their claims that Trump has exceeded his statutory authority to federalize the National Guard and violated the Tenth Amendment, which reserves for the states all rights and powers the Constitution does not give to the federal government.
Following the Saturday ruling and Trump’s decision to deploy 300 federalized California National Guard troops to Portland, California joined Oregon’s lawsuit requesting emergency relief to prevent the troops from being deployed, which led to Immergut’s temporary restraining order Sunday night.
White House Deputy Chief of Staff Stephen Miller posted on social media Sunday that a district court judge “has no conceivable authority, whatsoever, to restrict the President and Commander-in-Chief from dispatching members of the US military to defend federal lives and property.”
In Chicago, DHS on Saturday announced it is deploying “special operations teams to restore law and order,” alleging that two people rammed federal agents with their vehicles and that “domestic terrorists gathered and began throwing smoke, gas, rocks, and bottles at DHS law enforcement.” It further alleged that Illinois Gov. JB Pritzker refused to allow local police to secure the scene.
The Chicago Police Department said in a statement that it “will always respond to anyone who is being attacked or is under the threat of physical harm,” Fox News reported.
On Fox News Sunday, Noem called Chicago a “war zone” and took aim at Chicago Mayor Brandon Johnson, saying “there should be consequences for…leaders that stand up and knowingly lie about the situation on the ground.”
“They are the ones that are making it a war zone,” Illinois Gov, JB Pritzker said Sunday on CNN. “They fire tear gas and smoke grenades, and they make it look like a war zone.”
In a social media statement, Illinois Gov. JB Pritzker called the Texas National Guard deployment to his state “unlawful and unconstitutional.” The suit, which was joined by the City of Chicago, echoes the one in Portland, saying the president has exceeded his statutory authority to federalize the National Guard and violated the Posse Comitatus Act and the Tenth Amendment.
“The American people, regardless of where they reside, should not live under the threat of occupation by the United States military, particularly for the reason that their city or state leadership has fallen out of a president’s favor,” said Illinois Attorney General Kwame Raoul in a statement about the suit. He added that “a federalized National Guard will only cause additional unrest and increase the mistrust of police.”
