Appeals Court Clears Path for Trump to Deploy Oregon National Guard to Portland

Appeals Court Overturns Lower Court Block

A federal appeals court on Monday, October 20, 2025, issued a significant ruling, allowing the Trump administration to proceed with the federalization of Oregon National Guard troops for deployment in Portland. The U.S. Court of Appeals for the 9th Circuit, in a 2-1 decision, overturned a temporary restraining order previously issued by a lower court that had blocked the administration's efforts.

The majority opinion, authored by Judges Ryan Nelson and Bridget Bade, both appointees of former President Trump, stated that it was 'likely that the President lawfully exercised his statutory authority.' They found that the district court had not given enough deference to the President's assessment of the situation in Portland. Dissenting from the majority, Judge Susan Graber, a Clinton appointee, argued against the ruling.

Background to the Deployment Controversy

The legal battle began after the Trump administration federalized 200 members of the Oregon National Guard on September 28, 2025. This action was taken in response to ongoing protests outside the Immigration and Customs Enforcement (ICE) facility in Portland. President Trump had characterized Portland as 'war ravaged' and 'under siege from attack by Antifa, and other domestic terrorists,' asserting the need to protect federal assets and personnel.

The administration invoked 10 U.S.C. § 12406 (Title 10), a statute that permits the President to federalize state Guard troops when unable to enforce federal laws with 'regular forces' or in instances of 'rebellion.' However, local officials in Oregon contended that protests had been largely peaceful and manageable by state and local resources.

Lower Court's Orders and Oregon's Opposition

Prior to the appeals court ruling, U.S. District Judge Karin Immergut, herself a Trump appointee, had issued two temporary restraining orders. The first, issued on October 4, blocked the federalization of the Oregon National Guard. A second order, issued on October 5, prohibited the deployment of any federalized National Guard members to Oregon, after the administration reportedly attempted to circumvent the first order by sending California Guard members.

Despite the Ninth Circuit's decision regarding the first order, the second restraining order, which specifically barred the actual deployment of federalized Guard members to Oregon, remained in effect immediately following the ruling. The U.S. Department of Justice subsequently requested Judge Immergut to dissolve this second order.

Oregon Governor Tina Kotek and Attorney General Dan Rayfield strongly opposed the federal deployment, labeling it 'unwanted' and 'unneeded.' Governor Kotek described the move as a 'gross, un-American abuse of power,' while Attorney General Rayfield warned that the ruling, if upheld, 'would give the president unilateral power to put Oregon soldiers on our streets with almost no justification,' calling it a 'dangerous path in America.' Both officials urged the full Ninth Circuit to review the panel's decision.