Appeals Court Clears Way For Trump To Deploy National Guard In Portland, Overturns Lower Court Block
A federal appeals court has ruled Monday that President Donald Trump can, for now, deploy National Guard troops to Portland, Oregon, to address protests and violence directed at federal immigration facilities, overriding a lower court’s block.
The U.S. Court of Appeals for the Ninth Circuit, in a 2-to-1 decision on Monday, granted the Trump administration’s motion to stay an October 4 temporary restraining order. U.S. District Judge Karin J. Immergut had issued that order, preventing the federalization and deployment of the Oregon National Guard after Oregon filed a lawsuit.
Judge Immergut had argued the situation in Portland did not meet the “extraordinary” legal threshold for the President to federalize the state-controlled troops, rejecting the administration’s claims of an “under siege” city.
However, the Ninth Circuit panel—comprised of Circuit Judges Ryan Nelson, Bridget Bade, and dissenting Judge Susan Graber—disagreed with the lower court’s conclusion.
In their order, the majority stated that the administration is “likely to succeed on the merits of their appeal” and that the “other stay factors weigh in their favor.”
The ruling lifts the key legal obstacle to the deployment while the case proceeds through the appellate court system. This follows an administrative stay granted by the same panel on October 8, which had restored the President’s authority over the Oregon National Guard members but had temporarily barred their deployment.
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