Federal Appeals Court Poised to Rule on Controversial Portland Troop Deployment
Federal Appeals Court Poised to Rule on Controversial Portland Troop Deployment
The 9th U.S. Circuit Court of Appeals is currently deliberating a high-stakes decision that will determine whether President Trump can deploy National Guard troops to Portland, Oregon. This comes after a federal judge blocked the administration’s attempts to send troops, citing an overreach of presidential authority.
The Trump administration filed an appeal Sunday, arguing that U.S. District Judge Karin J. Immergut “impermissibly second-guessed the Commander in Chief’s military judgments.” They contend that persistent protests, including a recent tear gas deployment at the U.S. Immigration and Customs Enforcement (ICE) facility on October 4, 2025, constitute a rebellion that threatens law and order. Press Secretary Karoline Leavitt, speaking Monday, called the judge’s opinion “untethered in reality and in the law.”
However, attorneys for the state of Oregon and the city of Portland counter that Trump’s efforts are “part of a nationwide campaign to assimilate the military into civilian law enforcement.” Oregon Gov. Tina Kotek expressed hope that the rule of law would prevail, highlighting that conditions on the ground in Portland are not as severe as the administration portrays. They argue that relatively small, contained protests do not meet the legal standards for federalizing National Guard members, distinguishing it from past situations.
The appeal was filed after Judge Immergut issued a temporary restraining order, initially blocking the deployment of Oregon National Guard troops and later broadening it to include troops from other states. While the appeals judges’ ruling timeline is uncertain, similar cases have seen swift action. Currently, 200 Oregon National Guard troops, previously under Pentagon control, have reverted to Gov. Kotek’s purview.
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