A U.S. federal appeals court has ruled that President Donald Trump can send National Guard troops to Portland, Oregon, overriding opposition from local and state leaders. The 9th Circuit Court of Appeals issued the decision in a 2-1 vote, handing the president a key legal win as he continues deploying troops to cities governed by Democratic officials.
The ruling pauses a previous decision by U.S. District Judge Karin Immergut, who had blocked the deployment while a legal challenge moved forward. Judge Immergut had determined on October 4 that the president’s action likely violated federal law and the rights of Oregon’s state government. She had scheduled a non-jury trial for October 29 to consider a longer-term block.
The legal case is part of a broader fight over the president’s use of National Guard forces in cities experiencing protests, with deployments already carried out in places like Los Angeles, Washington D.C., and Memphis. Trump has argued these moves are necessary to restore order and enforce federal immigration laws, while critics say they infringe on states’ rights and misuse military resources for domestic purposes.
Oregon officials filed suit to prevent the federal deployment, saying it violated the Constitution’s 10th Amendment and federal laws that restrict military involvement in civilian law enforcement. The lawsuit claimed the president exaggerated the threat posed by demonstrations in order to justify taking control of the state’s National Guard without permission.
On September 27, Trump ordered 200 National Guard personnel to Portland, calling the city “war-ravaged” and vowing to use “full force” if needed. However, reports from state law enforcement showed relatively low levels of protest activity—only 25 arrests in mid-June, with no further arrests reported since June 19.
While the Posse Comitatus Act generally limits the role of federal military forces in domestic affairs, the president relied on a separate statute—Section 12406 of Title 10 of the U.S. Code—that permits National Guard deployment in cases of rebellion or when local authorities are unable to enforce the law.
Normally, the National Guard operates under state governors, but it can be placed under federal control during national emergencies. In this case, Trump’s actions bypassed Oregon’s governor, leading to a legal clash over control of the Guard.
The appellate panel included two judges appointed by Trump and one appointed by former President Bill Clinton. During oral arguments, the two Trump-appointed judges questioned whether the lower court focused too narrowly on recent calm in Portland rather than earlier periods of unrest. One judge warned against courts conducting a “day-by-day” review of executive decisions about troop deployments.
Judge Immergut, in her earlier rulings, said there was no evidence that the protests amounted to a rebellion or posed a serious threat to law enforcement. She criticised the administration’s portrayal of Portland as disconnected from reality.
So far, district courts have ruled against the president in all National Guard-related cases, but federal appeals courts remain split. While the 9th Circuit backed troop deployment to California, the 7th Circuit has blocked a similar move in Chicago for now.
