October 21, 2025


US Appeals Court Backs Trump's Authority to Deploy National Guard to Portland Amid Legal Tug-of-War

In a controversial decision on Monday, the US Court of Appeals for the Ninth Circuit ruled in favor of President Donald Trump, allowing the potential federalization of 200 Oregon National Guard members, despite ongoing legal challenges. This decision temporarily sets aside a previous court order that had blocked the deployment.

The legal battle began when US District Judge Karin Immergut of Oregon responded to a lawsuit from the State of Oregon and the City of Portland, imposing restraints on the Trump Administration’s plans to federalize and deploy the National Guard. While the initial order was partially overturned, a subsequent ruling that outright barred the deployment remains in effect. This has temporarily prevented any National Guard presence in Portland as the appeals process continues.

The heart of the controversy dates back to September 27, when President Trump directed Secretary of War Pete Hegseth to deploy the National Guard to the Lindquist Building, a key ICE facility, citing severe threats from "Antifa and other domestic terrorists." In his directive, Trump described Portland as "war-ravaged" and under severe threat, necessitating "Full Force" military intervention if required.

The Ninth Circuit's latest decision hinges on the interpretation of the US Code concerning the National Guard's federal service, which allows for presidential federalization when regular forces are deemed insufficient to enforce US laws. The two-to-one split decision indicates a judiciary divided on the issue but leans towards supporting the President's statutory authority in this context.

This ruling comes amid a broader context of Trump seeking to deploy the National Guard in various US cities he describes as being in turmoil, including recent attempts in Chicago that have also seen judicial intervention.

As the legal proceedings continue, the Trump Administration has indicated plans to challenge the remaining restrictions, ensuring that the debate over the federal use of the National Guard for domestic law enforcement will persist. This ongoing legal saga underscores the complex balance between federal authority and state sovereignty, a pivotal issue as tensions continue in Portland and other cities.