The judge appointed by Trump prevents the administration from deploying troops in Portland. “This is a nation of constitutional law, no martial law”

American district judge Karin Immergut, who was appointed by Trump during his first mandate, made the order pending other arguments in the trial. She said that the relatively low demonstrations that the city have seen did not justify the use of federalized forces and that deployment could affect the sovereignty of the state of Oregon.

“This country has a tradition of long -standing and fundamental resistance to the overcoming of the government, in particular in the form of military intrusion in civil affairs,” wrote Immergut. She continued later: “This historical tradition comes down to a simple proposal: it is a nation of constitutional law, no martial law.”

The Trump administration filed a call for 9th Circuit Court of Appeals in the evening on Saturday.

State and city officials continued to stop deployment last week, one day after the Trump administration announced that 200 Oregon National Guard troops are federalized to protect federal buildings. The president described the city as “ravier of war”.

Oregon officials said the characterization was ridiculous. The American immigration and customs building in the city has been the site of night demonstrations which have generally attracted a few dozen people in recent weeks before the announcement of the deployment.

Judge: the federal response did not correspond to the facts

In general, the president is authorized to “a great level of deference” to federate the troops of the National Guard in situations where the regular forces of the application of laws are unable to execute the laws of the United States, said the judge, but this was not the case in Portland.

The complainants were able to show that immigration demonstrations were not considerably violent or disruptive before the president’s order, wrote the judge, and “on the whole, the demonstrations were small and without incident”.

“The president’s determination was simply not attached to the facts,” wrote Immergut.

The White House says it will appeal

Following the decision, the White House spokesman Abigail Jackson said that “President Trump exercised his legitimate power to protect federal assets and Portland staff following violent riots and attacks against the police – we expect to be justified by a higher court.”

Oregon Attorney General Dan Rayfield described the decision “healthy check to the president”.

“This reaffirms what we already knew: Portland is not the fantasy torn by the war of the president. Our city is not ravaged, and there is no rebellion,” said Rayfield in a press release. He added: “The members of the Oregon National Guard are not a tool to use in his political theater.”

Trump has deployed or threatened to deploy troops in several American cities, in particular those led by Democrats, notably Los Angeles, Washington, Chicago and Memphis. Speaking to American military leaders in Virginia on Tuesday, he proposed to use cities as a training ground for the armed forces.

Last month, a federal judge ruled that the deployment of the president of some 4,700 soldiers and navy of the National Guard in Los Angeles this year was illegal, but he allowed the 300 who stay in the city to stay as long as they do not apply civil laws. The Trump administration appealed and an appeal committee suspended the lower court block while it advances.

Portland protests were small, but increased after the deployment was announced

Portland demonstrations were limited to an area of ​​a block in a city which covers around 145 square miles (375 square km) and has around 636,000 inhabitants.

They grew up somewhat after the September 28 announcement of the deployment of the guard. The Portland police office, which said that it does not participate in the application of immigration and intervenes only in demonstrations in the event of vandalism or criminal activity, arrested two people for assault. A peaceful march earlier during the day attracted thousands of people in the city center and saw no arrests, police said.

On Saturday, before the release of the decision, around 400 people rushed to the installation of the ice. The crowd included people of all ages and all races, families with children and the elderly using walkers. Federal agents responded with chemical crowd control ammunition, including tear gas cartridges and less lethal cannons that sprayed pepper balls. At least six people were arrested while the demonstrators reached the installation of ice.

Later in the evening, federal agents emerged again from the establishment and deployed tear gas on a crowd of around 100 people.

Trump sent federal officers to Portland for the objections of local leaders and states in 2020 during the long -standing demonstrations of racial justice after the murder of George Floyd by Minneapolis police. The administration sent hundreds of agents with the aim of protecting the federal courthouse and other federal goods of vandalism.

This deployment anticipated demonstrators and caused night clashes. Federal officers dismissed rubber and used tear gas.

Viral videos captured federal officers who arrested people and jostled them in unmarked vehicles. A report by the Inspector General of the Ministry of Internal Security revealed that even if the federal government had the power to deploy officers, many of them did not have the training and equipment necessary for the mission.

The government agreed this year to settle an excessive force of force brought by the American American Liberties Union by paying to compensate for several complainants for their injuries.

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