A federal appeals court on Wednesday sided with the Trump administration, reinstating federal control over the Oregon National Guard after a lower court temporarily blocked the move.
While the ruling does not authorize immediate deployment to Portland, it provides a procedural victory for the administration as the city continues to face heightened unrest.
The dispute began last weekend when U.S. District Judge Karin Immergut, a Trump appointee, issued a temporary restraining order (TRO) preventing the deployment of Oregon National Guard troops to Portland.
Immergut cautioned that sending federalized forces into the city could spark a constitutional conflict and temporarily paused troop movement until further court review. The TRO was initially set to expire on Oct. 18, The Gateway Pundit reports.
In response, the Trump administration activated hundreds of California National Guard members and approximately 400 troops from Texas for potential deployment in Oregon, Illinois and other states experiencing violent anti-ICE demonstrations.
Administration officials described the mobilization as necessary to ensure federal personnel and property were safeguarded during escalating unrest.
Judge Immergut held an emergency hearing on Sunday and issued a second order, again barring any National Guard deployments in Oregon.
On Wednesday, the Ninth Circuit Court of Appeals unanimously lifted the first TRO, allowing the Guard to remain under federal oversight, though deployment restrictions remain until additional judicial review is completed.
The three-judge appellate panel included Judge Susan Graber, a Clinton appointee and Trump appointees Judges Ryan Nelson and Bridget Bade.
The court emphasized the importance of maintaining the existing federal control while assessing whether troops could legally be deployed to Portland.
“The effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed,” the ruling noted, according to BizPac Review.
President Trump defended the federalization as essential to protect ICE agents and federal facilities from attacks by Antifa and other extremist groups.
“At the request of Secretary of Homeland Security, Kristi Noem, I am directing Secretary of War, Pete Hegseth, to provide all necessary troops to protect war-ravaged Portland, and any of our ICE facilities under siege from attack by Antifa, and other domestic terrorists,” Trump wrote on Truth Social, adding that full force could be used if necessary.
In court filings, the administration contended that Immergut’s orders “improperly impinge on the Commander-in-Chief’s supervision of military operations, countermands a military directive to officers in the field, and endangers federal personnel and property,” urging swift appellate intervention to preserve presidential authority over federalized forces.
Oregon Democrats offered measured approval of the appellate ruling, noting that deployment to Portland remains blocked.
Attorney General Dan Rayfield said the decision preserves calm while federal oversight continues.
“That means no unnecessary federal escalation – and that’s a win for Oregonians who want calm, not conflict in our communities,” he said.
Gov. Tina Kotek (D) attempted to demobilize the Guard, arguing that soldiers were being removed from their families and disrupted from training schedules for an “illegal mission.”
The Ninth Circuit’s administrative stay temporarily prevented her from taking action, keeping the Guard under federal authority.
Further hearings are scheduled for Thursday, when the appellate panel will examine the merits of Immergut’s orders.
The case underscores ongoing tensions between federal authorities and Democrat-led states over the use of National Guard troops to safeguard federal property and personnel during periods of civil unrest.
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