President Donald Trump and his administration on Sunday filed a motion to stay an order by a federal judge who earlier this month ruled that the president “exceeded” his authority by sending the National Guard to Oregon.
“The President was within his discretion in considering the months-long unrest in Portland, as well as the possibility of continued unrest for the foreseeable future,” the White House wrote in its motion, which was filed Sunday in the 9th Circuit Court.
In this file photo, federal agents stand guard outside an Immigration and Customs Enforcement (ICE) facility as protests and counter-protests continue in Portland, Oregon, U.S., on October 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 to Portland.
On Sunday, the administration argued that the court should administratively suspend the part of Immergut’s order that called for the defederation of those guards.
The administration argued that the court had “downplayed dangerous conditions” at a federal Immigration and Customs Enforcement facility, where public demonstrations were held throughout the summer.
President Donald Trump speaks with reporters before boarding Air Force One at Palm Beach International Airport in West Palm Beach, Florida, on his way back to the White House, Sunday, Nov. 16, 2025.
Manuel Balce Ceneta/AP
“The court recognized large-scale violent protests in June, but treated them as irrelevant to the president’s determination just months later,” Sunday’s document said. “And although the court attempted to paint a picture of a sharp decline in violent activity since then, the record shows that violence and threats of violence were more or less continually repeated.”
Portland officials have “publicly opposed the use of excessive force by federal agents and the Trump Administration’s broader approach to law enforcement,” according to the city’s official website.
