Texas Guard to exit Illinois before Thanksgiving as court limits remain; SCOTUS appeal pending
Gov. Greg Abbott said Texas National Guard troops in Illinois will return home before Thanksgiving after a federal court ruled they could not be activated for operations and were limited to securing their base. The pullback is part of broader litigation that includes a permanent injunction barring deployments to Portland, a Ninth Circuit en banc rehearing after a vacated panel decision, and an emergency administration appeal to the Supreme Court over deployments in Chicago as the Defense Department "rightsizes" out‑of‑state Guard forces.
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đź“Ś Key Facts
- Gov. Greg Abbott said Texas National Guard troops deployed to Illinois (sent Oct. 7 to support ICE amid protests) will return to Texas before Thanksgiving; a federal court has limited their role so they secured only their base and did not carry out operations.
- The Pentagon/Northern Command has said it is 'shifting and/or rightsizing' Title 10 forces in Portland, Los Angeles and Chicago while maintaining a 'constant, enduring, and long‑term presence'; roughly 200 California troops in Portland and about 200 Texas troops in Chicago were ordered home, with about 300 Illinois Guardsmen remaining under federal control but not authorized to operate with DHS.
- In Portland, U.S. District Judge Karin Immergut held a three‑day bench trial and issued a 106‑page permanent injunction (following earlier temporary restraining orders) blocking the federal deployment of National Guard troops to Portland, finding no 'rebellion or danger of rebellion,' that regular forces could enforce the law, and citing the Tenth Amendment and a lack of credible evidence that protests were out of control.
- An earlier Ninth Circuit three‑judge panel had stayed one of Judge Immergut’s TROs in a 2–1 decision (Judges Ryan D. Nelson and Bridget S. Bade in the majority; Judge Susan P. Graber dissenting) and said the President was 'likely' to have acted lawfully under 10 U.S.C. §12406(3), but that panel ruling was vacated and the court ordered an en banc rehearing before an 11‑judge panel.
- The administration appealed Immergut’s permanent injunction to the Ninth Circuit and has filed emergency requests, including a Supreme Court appeal seeking to allow deployments (a Supreme Court decision is pending).
- Trial testimony included conflicting accounts: Portland police and city witnesses said federal agents escalated tensions and used crowd‑control munitions on largely nonviolent demonstrators, while federal lawyers said agitators threatened violence and local police were at times unhelpful in protecting federal facilities.
- Because of the court actions and subsequent DoD adjustments, some federalized forces were reduced or confined (Oregon’s federalized force was reduced from about 200 to roughly 100, California and Texas out‑of‑state contingents were sent home or put on standby), and the legal and appellate proceedings remain active with requests to dissolve or stay remaining TROs and injunctions.
đź“š Contextual Background
- U.S. district courts can issue temporary restraining orders that halt federal deployments of National Guard members.
đź“° Sources (24)
Texas National Guard to return from Illinois ahead of Thanksgiving, Gov Abbott says
New information:
- Gov. Greg Abbott says Texas National Guard troops in Illinois have been ordered to return home before Thanksgiving.
- Texas Guard deployment to Illinois began Oct. 7 to support ICE amid protests in Chicago and other cities.
- A federal court ruled the troops could not be activated for operations and could only secure their base; the Supreme Court appeal is pending with no ruling yet.
- Due to the court ruling, Texas Guard did not perform active duties beyond securing the U.S. Army Reserve training center.
Trump's National Guard deployments face mounting legal pushback
New information:
- NPR attributes to Judge Karin Immergut a warning about military involvement in civilian affairs, quoting her order freezing Trump’s Portland deployment earlier this month.
- Reiterates DoD ordered hundreds of troops in Chicago and Portland to return after courts stalled deployments, framing it as part of mounting legal pushback.
- Adds outside analysis from POGO’s David Janovsky that courts are checking lawless domestic military deployments.
Hundreds of National Guard troops deployed to Portland and Chicago being sent home
New information:
- U.S. Northern Command publicly said it is 'shifting and/or rightsizing' units in Portland, Los Angeles and Chicago, while maintaining a 'constant, enduring, and long-term presence' in each city.
- Around 200 Texas National Guard troops in Chicago are being sent home, with about 200 soldiers placed on standby at Fort Bliss.
- Approximately 300 Illinois National Guard troops will remain in the Chicago area but are 'not legally allowed to conduct operations with DHS' at present.
- In Oregon, 200 California National Guard troops will be sent home; about 100 California Guard and 100 Oregon Guard will remain in the Portland area for training.
- The administration filed an emergency motion Sunday to pause Judge Karin Immergut’s permanent injunction blocking Guard deployments in Portland while it appeals.
Hundreds of National Guard troops will leave Portland and Chicago
New information:
- U.S. Northern Command publicly hinted on X that force posture changes aim to ensure a 'constant, enduring, and long-term presence' and that troops will be 'employed whenever needed.'
- A defense official confirmed 200 California Guard in Oregon and 200 Texas Guard in Illinois will return; Oregon’s federalized force drops to ~100 and ~300 Illinois Guard remain.
- An Oregon federal judge permanently blocked troop deployments to Portland on Nov. 7; the administration appealed that ruling on Friday.
- The Supreme Court is considering an emergency appeal by the administration seeking to allow deployments to Chicago.
- The defense official said the holidays may have also influenced the timing of out-of-state troop withdrawals.
Hundreds of National Guard members to leave Portland, Chicago, source says
New information:
- Defense official says the roughly 200 California National Guard troops sent to Portland and 200 Texas National Guard troops sent to Chicago will return to their home states.
- The number of federalized Oregon National Guard members is being reduced from 200 to 100.
- Approximately 300 Illinois National Guard members will remain under federal control.
- U.S. Northern Command stated the Department of War (DoD) will 'shift and/or rightsize' its Title 10 footprint in Portland, Los Angeles, and Chicago to ensure a 'constant, enduring, and long-term presence.'
- The administration has appealed to the Supreme Court a ruling permanently barring deployment of National Guard troops in Portland.
White House appeals ruling blocking National Guard deployment in Portland
New information:
- The administration formally filed its appeal on Friday challenging Judge Karin Immergut’s ruling.
- The 9th U.S. Circuit Court of Appeals has ordered that National Guard troops not be deployed to Oregon pending further action by the appeals court.
- Judge Immergut’s decision was a 106-page opinion issued after a three-day trial focused on whether statutory conditions (e.g., rebellion) were met.
- Procedural detail: two October TROs first blocked deployment of 200 Oregon Guard members and then blocked deployment from any state after an attempt to send California troops.
Federal judge rules Trump's Portland National Guard deployment unconstitutional in permanent injunction
New information:
- Judge Karin Immergut’s ruling is a 106-page decision following a three-day trial focused on protests at Portland’s ICE facility.
- The court previously extended a temporary order on Sunday blocking Defense Secretary Pete Hegseth from implementing memorandums to federalize and deploy Guard members from Oregon, Texas and California into Portland.
- Immergut explicitly cited the 10th Amendment and noted the deployments were objected to by Oregon’s governor and not requested by the federal officials in charge of protecting the ICE building.
Judge permanently blocks Trump from deploying National Guard to Portland
New information:
- Judge Karin Immergut issued a final ruling permanently blocking the Trump administration from deploying National Guard troops to Portland.
- The court found there was neither a 'rebellion or danger of a rebellion' nor an inability to execute laws with regular forces in Oregon under 10 U.S.C. §12406.
- The order allows Guard troops to remain under federal control for at least 14 days, even as deployment is blocked.
- The administration appealed to the 9th Circuit on Monday; a prior panel stay was vacated and the matter set for en banc rehearing.
- Details on scope: 200 Oregon Guard troops were placed under federal control; an attempted additional 200 from California was temporarily halted.
- Judge criticized the administration’s portrayal of Portland as 'war-ravaged' as 'untethered to the facts' and found 'no credible evidence' protests were out of control.
Judge blocks Trump National Guard deployment to Portland, citing lack of justification
New information:
- Immergut’s order expressly 'preliminarily enjoins' Defense Secretary Hegseth from implementing memoranda federalizing Guard units from Oregon, Texas and California to Portland.
- The injunction remains in force until the court issues its final opinion by Friday, Nov. 7, 2025, no later than 5 p.m.
- The court found the President likely lacked a colorable basis to invoke 10 U.S.C. §12406(2) or (3) and that the action likely exceeded delegated authority and violated the Tenth Amendment.
- Judge cited Portland Police Bureau command staff testimony to conclude protests did not rise to 'rebellion' or danger of rebellion at the ICE facility.
Judge again blocks deployment of National Guard troops to Portland
New information:
- After a three-day bench trial, Judge Karin Immergut barred deployment of National Guard troops to Portland until at least Friday and said she will issue a final order then.
- Immergut wrote she found no credible evidence protests had grown out of control prior to federalization and saw no significant damage to the ICE facility; most violence was between protesters and counter-protesters.
- Her late-Sunday filing spans 16 pages and references more than 750 exhibits entered at trial.
- Appellate posture clarified: the 9th Circuit vacated the earlier 2–1 panel ruling and granted en banc review; until reheard, the initial order keeps the Guard federalized but not deployed.
Portland police accuse federal troops of inflaming anti-ICE protests, which city claims have not been violent
New information:
- PPB Cmdr. Franz Schoening testified that federal agents escalated tensions and used tear gas and other munitions on what he described as nonviolent demonstrators, with Portland officers also affected.
- Schoening detailed an Oct. 18 incident where a federal munition allegedly bounced onto the facility roof, prompting additional rounds into the crowd, without observed precipitating violent conduct.
- Portland attorney Caroline Turco argued protests were largely peaceful and did not justify National Guard intervention, framing the issue as constitutional law vs. martial law.
- DOJ attorney Eric Hamilton countered that agitators used or threatened violence against officers and property and that Portland police were unhelpful, citing a trial brief alleging PPB failed to assist federal officials.
- The administration argued it reassigned DHS agents nationwide to Portland due to the protests and maintains authority to call out the National Guard.
Federal trial over whether Trump can deploy National Guard to Portland begins
New information:
- Bench trial is underway before Judge Karin Immergut; Portland police officials are expected to testify that federal agents at the ICE building inflamed protests through excessive force.
- Immergut’s earlier TRO findings included language that Trump’s description of Portland as 'war ravaged' was 'simply untethered to the facts.'
- The 9th Circuit vacated last week’s three‑judge panel decision and will rehear the case en banc; one of Immergut’s orders had been paused before the vacatur.
- Administration argues it had to redeploy DHS agents from elsewhere, showing Portland could not enforce the law with regular forces, and characterizes the situation as a 'rebellion' or 'danger of rebellion' to meet statutory criteria.
- Plaintiffs’ trial brief alleges federal officers repeatedly used tear gas and pepper balls on small numbers of nonviolent protesters; it says PPB officers were also 'gassed' and once hit by a crowd‑control projectile.
- Federal defendants label the Portland Police Bureau 'unhelpful and at times hostile' in controlling protests.
Federal court to review case relating to Trump’s authority to send National Guard troops to Portland, Oregon
New information:
- Ninth Circuit’s en banc order explicitly cites FRAP 40(c) and notes a randomly selected 11-judge panel, with no timetable set.
- Government previewed expected trial witnesses: officials from ICE, the War Department, and the Federal Protective Service.
- Judge Karen Immergut’s prior characterizations are quoted: protests were relatively small, deployment could harm Oregon’s sovereignty, and the U.S. is a nation of constitutional law, not martial law.
- Article reiterates that the earlier 2–1 Ninth Circuit panel ruling siding with the administration was vacated for en banc rehearing.
Federal trial to start over Trump's efforts to deploy the National Guard in Portland, Oregon
New information:
- The Ninth Circuit vacated the earlier three-judge panel decision and agreed to rehear the case en banc before an 11-judge panel.
- A federal bench trial in Portland begins Wednesday before Judge Karin Immergut on whether Trump can deploy the National Guard.
- Plaintiffs (Oregon and Portland) allege federal officers used needless force at the ICE facility; defendants will call ICE, DOD and FPS officials to argue regular forces were insufficient.
- Judge Immergut previously issued two TROs blocking deployment, finding Trump had not met statutory conditions; she called his 'war ravaged' characterization 'simply untethered to the facts.'
Where the latest court battles over Trump’s National Guard deployments stand now
New information:
- The 9th Circuit issued an administrative stay until 5 p.m. Tuesday to decide whether to reconsider the panel ruling that allowed Trump to take command of 200 Oregon Guard troops.
- DOJ asked Judge Karin Immergut to dissolve her second TRO blocking deployment; Oregon argued the orders are distinct and said to wait on the 9th Circuit.
- Context that Trump attempted to circumvent the first TRO by deploying California troops, prompting the second TRO.
Trump team urges Oregon judge to end restraining order blocking National Guard
New information:
- Judge Karin Immergut held a Friday hearing on whether to dissolve her remaining TRO blocking National Guard deployment in Portland and said she will decide by Monday.
- DOJ argued the Ninth Circuit panel’s stay of her first TRO means both restraining orders should 'rise and fall together.'
- Oregon’s attorney contended Trump’s planned deployment of roughly 200 out-of-state Guard soldiers to Portland has 'no justification' and is a 'grossly disproportionate response.'
- Immergut stated she would honor the Ninth Circuit decision while weighing new arguments and information presented.
National Guard deployments in Washington, DC, and Portland, Oregon, are focus of court hearings
New information:
- A Portland judge will consider whether to allow President Trump to deploy National Guard troops in Portland, adding a new district‑court step as higher‑court proceedings continue.
Confused by the legal battles over troop deployments? Here's what to know
New information:
- A district‑court hearing is scheduled for Friday in Oregon on whether to dissolve Judge Karin Immergut’s second TRO that still blocks street deployment of federalized Guard troops in Portland.
- The Ninth Circuit’s ruling applies only to one of two TROs; the second TRO remains in effect unless the district court lifts it.
- Trump said the Ninth Circuit decision makes him feel empowered to send the National Guard to any city he deems necessary and has renewed interest in sending troops to San Francisco.
Trump wins big in National Guard case, but court fights are far from over
New information:
- The district judge has set a Friday morning status hearing on DOJ’s request to dissolve or stay the second TRO.
- Parties were ordered to come prepared to discuss the pending Ninth Circuit en banc vote on reviewing the case.
- Oregon Gov. Tina Kotek publicly stated that no federalized Guard can deploy until the district court acts on the second TRO.
- Fox notes the second TRO followed an attempted deployment of federalized troops from California to Portland.
- Panel majority identified as Judges Ryan D. Nelson and Bridget S. Bade (reiterated), and Ninth Circuit composition noted as 16 Democrat-appointed to 13 Republican-appointed judges.
What to know about efforts to block National Guard deployments in Chicago, Portland, other US cities
New information:
- A 2–1 Ninth Circuit panel ruled Monday that Trump may take command of 200 Oregon National Guard troops, but a separate TRO by Judge Karin Immergut still blocks any deployment.
- Immergut issued two TROs: one barring calling up Oregon troops for Portland and a second barring deployment of any Guard members to Oregon after the administration tried to send California troops.
- No troops can be deployed immediately while the second TRO remains in effect; litigation continues.
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