President Donald Trump and his administration filed on Sunday a motion to stay an order from a federal judge who had earlier this month ruled the president “exceeded” his authority by sending the National Guard to Oregon.
“The President was well within his discretion to consider months-long unrest in Portland, as well as the potential for continuing unrest over the foreseeable future,” the White House wrote in its motion, which was filed Sunday on in the 9th Circuit Court.
In this file photo, federal officers stand guard outside the Immigration and Customs Enforcement (ICE) facility as protests and counter-protests continue in Portland, Oregon, U.S., Oct. 25, 2025.
John Rudoff/Reuters
District Judge Karin Immergut ruled in early November that Trump “exceeded the President’s authority” when he sent federalized National Guard troops into Portland.
The administration on Sunday argued that the court should place an administrative stay on the part of Immergut’s order that required a defederlization of those Guardsman.
The administration argued that the court had “downplayed the dangerous conditions” at a federal Immigration and Customs Enforcement facility, where public demonstrations were ongoing throughout the summer.
President Donald Trump speaks to reporters before boarding Air Force One at Palm Beach International Airport in West Palm Beach Fla., on his way back to the White House, Sunday, Nov. 16, 2025.
Manuel Balce Ceneta/AP
“The court acknowledged large-scale violent protests in June, but treated them as irrelevant to the President’s determination just a few months later,” the Sunday filing said. “And while the court attempted to paint a picture of sharp decline in violent activity since then, the record shows that violence and threats of violence recurred more-or-less continuously.”
Officials in Portland have “publicly opposed the use of excessive force by federal agents and the broader enforcement approach of the Trump Administration,” according to the city’s official website.