Oregon v Trump: Read Judge Immergut’s Ruling

You generally can’t go wrong taking the time to read a District Court judge’s ruling. That holds for Judge Karin Immergut’s decision in Oregon v Trump. Read it like Elizabeth Warren was the President of the United States, and you might appreciate why Trump appointed the likes of Immergut.

Under 10 U.S.C. § 12406, the President may federalize National Guard service members if: (1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation; (2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or (3) the President is unable with the regular forces to execute the laws of the United States…

Plaintiffs provide substantial evidence that the protests at the Portland ICE facility were not significantly violent or disruptive in the days—or even weeks—leading up to the President’s directive on September 27, 2025. The record evidence establishes that while disruption outside the Portland ICE facility peaked in June of 2025, federal and local law enforcement officers were able to “quell . . . the disorder.” As of September 27, 2025, it had been months since there was any sustained level of violent or disruptive protest activity in Portland. During this time frame, there were sporadic events requiring either PPB monitoring or federal law enforcement intervention, but overall, the protests were small and uneventful.

This deployment of additional federal law enforcement officers reduced the level of disorder between June and September to the point that in the immediate days leading up to the federalization order, around twenty or fewer protesters gathered outside the ICE Facility and “FPS indicated no issues or criminal reports.” On September 26, the eve of the President’s directive, law enforcement “observed approximately 8–15 people at any given time out front of ICE. Mostly sitting in lawn chairs and walking around. Energy was low, minimal activity.” It is clear that “the regular forces,” i.e. FPS and additional federal law enforcement, were able to execute the laws of the United States.

The key fact in this case is not whether or not there has been substantial violence by protestors at the Portland ICE facility. There undisputably was. However, federal civilian law enforcement was able to quell that violence. Since federal power will eventually swing in a progressive direction, you don’t want the willy-nilly use of military force to become normalized.

Eric Shierman lives in Salem and is the author of We were winning when I was there.