Court Backs Trump’s Right to Deploy Troops to Portland, For Now, Another Order Still Blocks It

A U.S. appeals court has ruled that President Donald Trump acted within his powers in moving to deploy 200 National Guard troops to Portland, Oregon, though a separate restraining order still prevents the move for now.
The Ninth Circuit Court of Appeals issued the decision on Monday, siding 2–1 with the Trump administration’s argument that the president “lawfully exercised his statutory authority” when he federalized the state’s Guard. The ruling came after the Justice Department appealed two earlier injunctions from U.S. District Judge Karin Immergut, who had barred Trump from sending troops to the Democrat-led city.
The appeals court decision marks a legal victory for the White House in its broader effort to assert federal control over what Trump has described as “lawless, anarchic zones” in Democratic strongholds.
However, a second restraining order remains in place, blocking any deployment for now. Immergut issued that order after Trump attempted to sidestep her first ruling by requesting troops from California instead.
The Justice Department immediately petitioned the district court to dissolve that second order, arguing that “it is not the role of the judiciary to second-guess the president’s determination of when troops are necessary.”
Oregon’s Democratic attorney general, Dan Rayfield, said he would ask for a larger appellate panel to review the decision, warning that “today’s ruling, if allowed to stand, would give the president unilateral power to put Oregon soldiers on our streets with almost no justification. We are on a dangerous path in America.”
The Trump administration has repeatedly deployed federal agents and military personnel to cities such as Portland, Chicago, and Los Angeles, describing them as plagued by violent unrest and “attacks on immigration enforcement.” Critics say these moves are politically motivated and aimed at projecting toughness.
The American Civil Liberties Union condemned Monday’s ruling. “Domestic deployment of troops should be reserved for rare, extreme emergencies,” said Hina Shamsi, director of the ACLU’s National Security Project. “The presence of troops in vibrant American cities erodes safety and undermines core freedoms to assemble and dissent.”
Judge Susan Graber, the lone dissenter on the three-judge panel, called the ruling “not merely absurd” but a threat to “core constitutional principles,” citing “the people’s First Amendment rights to assemble and to object to the government’s policies.”
Trump and his allies maintain that Portland is “war-ravaged” by radical protesters blocking immigration enforcement, a claim local officials dispute. Demonstrations in the city have largely been peaceful, though sometimes theatrical, featuring protesters dressed as dinosaurs, frogs, and chickens to mock the federal presence.
The latest news in your social feeds
Subscribe to our social media platforms to stay tuned