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 the federal government to proceed with stationing National Guard units in the city to safeguard federal facilities and immigration enforcement personnel.
The three-judge appellate panel included Judges Ryan Nelson and Bridget Bade, both appointed by Trump, who upheld the deployment under 10 U.S.C. § 12406(3). This statute permits 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 followed an October 5 restraining order issued by District Court Judge Karin Immergut, which had prohibited the deployment amid clashes between far-left protesters and U.S. Immigration and Customs Enforcement (ICE) agents in Portland. Oregon’s Democratic leadership opposed the move, asserting that claims of widespread violence were exaggerated.
The decision marks another legal victory for the Trump administration in its efforts to deploy federal forces into cities governed by Democratic officials, despite previous setbacks from progressive judges. A separate order blocking National Guard deployment in Chicago was partially lifted Saturday by the 7th Circuit Court of Appeals.
