PORTLAND, Ore. – In a pivotal ruling that bolsters President Donald Trump’s aggressive use of federal authority, a divided panel of the U.S. Court of Appeals for the Ninth Circuit on Monday overturned a lower court’s temporary block, allowing the deployment of up to 200 Oregon National Guard troops to the city. The 2-1 decision, handed down at 3:37 p.m. PDT, paves the way for troops to protect federal facilities like the Immigration and Customs Enforcement (ICE) building, where months of anti-deportation protests have escalated into clashes with law enforcement.
The appeals court, led by Judges Ryan Nelson and Bridget Bade, deemed Trump’s September 27 order “colorable” under Section 12406 of Title 10, which permits federalizing the Guard to execute laws amid “rebellion or danger thereof.” Despite acknowledging the president’s social media hyperbole—labeling Portland “war ravaged” and “under siege by Antifa”—the majority cited persistent unrest from June through September, including a three-week ICE closure and makeshift guillotines intimidating officers. “The President’s assessment reflects a range of honest judgment,” the opinion stated, granting a stay while litigation continues.
The lower court, U.S. District Judge Karin J. Immergut—ironically a Trump appointee—had ruled on October 4 that protests remained “largely peaceful” and under local control, issuing restraining orders against Oregon and out-of-state troops. Immergut’s rationale, echoed in a similar Chicago block, emphasized state sovereignty and First Amendment rights. But the Ninth Circuit dismissed it as overreach, noting Portland police’s “unwillingness or inability” to respond fully.
Oregon officials decried the decision. Gov. Tina Kotek vowed continued resistance, stating, “We won’t stand by as federal troops sidestep local authority and militarize our streets.” Portland Mayor Ted Wheeler echoed, demanding “transparency, not troops,” at a presser outside City Hall, where 200 Guard members remain at Camp Withycombe, awaiting orders from U.S. Northern Command. Protesters, galvanized by the “No Kings” movement’s 7 million nationwide turnout last week, promised escalated actions, including general strike calls from Chicago’s Brandon Johnson.
Trump hailed the ruling at Mar-a-Lago: “Portland’s chaos ends now—America First!” With 480,000 criminal deportations under his belt and a “red tsunami” forecasted for 2026, this judicial win amplifies his playbook: federal muscle over state pushback. Critics, including dissenting Judge Susan P. Graber, warn of “eroded constitutional principles.” As troops potentially roll in, Portland’s streets—once a 2020 flashpoint—brace for round two: law’s enforcer, or democracy’s enforcer?
