A federal appeals court ruled Oct. 20 that President Donald Trump can deploy the Oregon National Guard to Portland, lifting an injunction that had blocked the move.
In a 2-1 decision, the U.S. Court of Appeals for the 9th Circuit overturned U.S. District Judge Karin J. Immergut’s order barring the deployment. Judges Ryan D. Nelson and Bridget S. Bade, both appointed by Trump, formed the majority. Judge Susan P. Graber, a Clinton appointee, dissented.
"After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States,’" the majority wrote.
The ruling cites violence and protests at an Immigration and Customs Enforcement (ICE) facility in Portland as the administration’s justification for activating the Guard.
The case originated in late September when Oregon and Portland officials filed a lawsuit after Trump ordered 200 Guard members to the city. In a Truth Social post Sept. 27, Trump said he directed Homeland Security Secretary Kristi Noem and Secretary of War Pete Hegseth to send troops “to protect War ravaged Portland” and to secure ICE facilities “under siege from attack by Antifa, and other domestic terrorists.”
Noem praised the ruling on social media as a victory for Trump and for “the safety and security of the American people.”
Another VICTORY for President Trump and the safety and security of the American people.
— Kristi Noem (@KristiNoem) October 20, 2025
The U.S. Circuit Court of Appeals for the Ninth Circuit ruled that @POTUS is rightfully using his Constitutional authority to direct the National Guard to protect federal assets, personnel…
“The law, U.S. Constitution, and supremacy clause back the President’s action to protect the public and law enforcement, and today this ruling has vindicated us,” she added.