A federal appeals court ruled Monday that the Trump administration can deploy the National Guard in Portland. The decision clears the way for troops to help protect federal property amid ongoing demonstrations at Immigration and Customs Enforcement facilities.
In its decision, the Ninth Circuit said the president is likely acting within his powers under 10 U.S.C. § 12406(3), which allows the federalization of the National Guard when the president is “unable with the regular forces to execute the laws of the United States.”
The ruling temporarily lifts an earlier order that blocked the deployment. A federal judge in Oregon had issued a restraining order in late September after President Donald Trump announced plans to send National Guard troops to Portland, calling the city “war-ravaged” and saying the move was needed to safeguard federal sites.
State officials challenged the order, calling it illegal and accusing the administration of exaggerating conditions on the ground.
The appeals court’s decision means the deployment can go forward while the legal fight continues.
A similar battle is unfolding in Illinois, where a judge has blocked the deployment of National Guard troops to assist in immigration enforcement. The Trump administration has filed an emergency appeal to the U.S. Supreme Court seeking to overturn that ruling.
