Federal Appeals Court Clears Way for Trump to Deploy Natl Guard to Portland
President Donald J. Trump secured a major legal win Monday after a federal appeals court ruled he can move forward with deploying National Guard troops to Portland to help federal law enforcement respond to violent anti-ICE protests.
In a 2–1 decision, the Ninth Circuit Court of Appeals overturned a lower court’s restraining order that had blocked the deployment. The panel—composed of Trump appointees Judges Ryan Nelson and Bridget Bade, along with a Clinton-era judge—found that the president acted fully within his constitutional and statutory authority.
The court concluded that Trump “lawfully exercised his statutory authority under 10 U.S.C. § 12406(3),” which permits federalizing the National Guard when regular forces are insufficient to enforce federal law.
The decision effectively rebukes U.S. District Judge Karin Immergut, who earlier claimed Trump’s order risked “pushing the country toward a constitutional crisis.” Her injunction, which had been extended last week, is now void—paving the way for immediate deployment of hundreds of National Guard troops to Portland.
The ruling restores full authority to the Trump administration, which had already mobilized units from Texas and California in anticipation of legal delays. Oregon’s own Guard will now join those efforts directly.
Solicitor General D. John Sauer defended the move, stating it was necessary to “safeguard federal property, assist ICE operations, and protect federal personnel” amid ongoing violence at federal facilities.
Judge Nelson’s majority opinion stressed that the president’s decision deserved “substantial deference”, noting that courts should not second-guess the executive’s assessment of national security threats. Judge Bade agreed, emphasizing that Congress explicitly grants the president broad discretion to act when enforcement of federal law is obstructed.
In dissent, the Clinton-appointed judge argued the administration hadn’t shown that Portland’s unrest met the threshold of an “ongoing rebellion or obstruction.”
The Department of Homeland Security praised the decision, saying it ensures that “federal agents can carry out their lawful duties without fear of violence.”
Portland has remained a flashpoint for anti-ICE activism and sanctuary city defiance. Over the past year, federal immigration enforcement has faced escalating resistance, with arrests and clashes becoming routine outside ICE facilities.
Governor Tina Kotek and Attorney General Ellen Rosenblum had sued to block the deployment, claiming it represented an “overreach of federal power into state affairs.” But the Ninth Circuit flatly rejected that argument, affirming that the president’s Title 10 authority does not depend on state consent when federal law enforcement is obstructed.
This marks Trump’s first appellate victory in his broader effort to restore order in cities that refuse to enforce federal immigration law. It may also set a precedent for similar deployments nationwide.
The decision arrives as the Supreme Court weighs a separate case from Chicago, where the Seventh Circuit blocked another National Guard mobilization. Justice Amy Coney Barrett has directed Illinois officials to respond this week before deciding whether to lift that order.
For now, President Trump has a green light in Oregon — and a powerful affirmation that federal authority still means something in the face of chaos and defiance.