Oregon U.S. District Judge Karin J. Immergut has scheduled an 11 a.m. phone conference for Wednesday to discuss whether she should extend her temporary restraining order barring President Donald Trump’s federal deployment of Oregon National Guard troops in Portland for another two weeks.
Immergut set Wednesday’s phone conference at the request of lawyers involved in the case who are wrangling over other scheduling issues as they await a ruling from the 9th U.S. Circuit Court of Appeals on whether it will grant the Trump administration’s request to put a hold on Immergut’s order pending their appeal.
On Oct. 4, Immergut issued a 31-page ruling granting the state and city of Portland a temporary restraining order, blocking the federal government from sending Oregon National Guard troops to Portland for 14 days.
The order followed a memo sent to the state Sept. 28 by Defense Secretary Pete Hegseth saying he was mobilizing 200 Oregon National Guard troops into federal service for 60 days to protect the U.S. Immigration and Enforcement field office in Portland amid nightly protests.
Immergut found the Trump administration lacked any legal justification to mobilize troops, noting no threat of rebellion exists in Portland, that local police can handle the sporadic protests at the ICE building and federal officers are still able to enforce federal laws. No National Guard troops have appeared at the building.
Immergut had initially set a hearing for Friday to determine if extending her temporary order was warranted but moved that date up due to scheduling issues, according to court records.
She also is expected to address other disputes lawyers raised in a court filing this week on whether she has authority to set further hearings in the case if the appeals court grants the Trump administration’s request to further pause her temporary order.
On Oct. 8, a three-judge panel of the 9th Circuit granted a brief administrative hold on Immergut’s restraining order, ruling that the guard members may remain under federal control but cannot deploy to Portland before hearing arguments on the issue last Friday.
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