Appeals Court Backs Trump’s National Guard Deployment in Portland
The Ninth Circuit Court of Appeals has ruled in favor of President Trump, allowing the deployment of the National Guard in Portland, Oregon. This decision overturns a previous restraining order that had halted the moves. The court’s ruling permits federal troops to be sent to protect federal properties, especially around Immigration and Customs Enforcement (ICE) facilities that have recently faced significant protests.
This marks a pivotal moment in the ongoing struggle between the Trump administration and Oregon officials regarding the use of federal troops in urban areas. A prior injunction from U.S. District Judge Karin Immergut blocked the deployment, citing concerns about constitutional violations and a lack of necessity. However, the appellate decision has temporarily lifted this ban while further legal deliberations unfold.
Judge Immergut emphasized the importance of resisting governmental overreach, particularly the military’s involvement in civilian matters, in her October ruling. She argued that the federalization of the Oregon National Guard undermined the state’s sovereignty over its military. But the Ninth Circuit panel, comprised of two Trump appointees and one Biden appointee, determined that the federal government met the legal criteria to assume temporary control over state forces. They referenced federal law, 10 U.S.C. § 12406, asserting that the president can mobilize the National Guard amid rebellion or when federal law enforcement struggles to protect national interests.
The conflict primarily revolves around the ICE facility located in Portland’s South Waterfront district. This site has been the center of various protests since late June, ranging from peaceful gatherings to more aggressive confrontations. Homeland Security records reveal the facility was forced to close for three weeks this summer due to ongoing security threats, which included attacks with Molotov cocktails and destruction of federal property.
A spokesperson from the Pentagon remarked on the legality of Trump’s actions, saying, “President Trump exercised his lawful authority to protect federal assets and personnel in Portland following violent riots and attacks on law enforcement.” This perspective argues that local and state law enforcement failed to adequately secure the ICE facility and its staff.
In June, Defense Secretary Pete Hegseth indicated that about 200 National Guard members would be sent to Portland for a two-month mission focused on safeguarding federal property during protests. This deployment, led by federal command, has sparked significant criticism from local officials.
Oregon Governor Tina Kotek condemned the deployment as “unlawful,” insisting that there is no insurrection present in Portland, claiming, “No fires, no bombs, no fatalities due to civil unrest.” She deemed the court’s ruling an obstruction of justice that undermines the state’s autonomy. Portland Mayor Keith Wilson shared similar sentiments, suggesting that the Trump administration has created an exaggerated narrative regarding the situation’s severity.
To counter these claims, federal representatives highlighted extensive documentation of security breaches, including testimonies from federal officers who described ongoing threats, vandalism, and violence. Despite increasing the number of Federal Protective Service agents in the region, federal counsel Eric MacArthur stated that these efforts “did not achieve sufficient deterrence.”
On the opposite side, critics argue that federal claims of threats are exaggerated, relying on outdated incidents to justify military involvement. Oregon Attorney General Dan Rayfield pointed out that surveillance logs from September indicated that protests outside the ICE facility were largely small and peaceful, with no significant incidents recorded for weeks leading up to the military deployment memo. “The administration is citing incidents from late June and early July as if they occurred yesterday,” he noted. “This ruling sets a dangerous precedent.”
Public sentiment on the deployment appears mixed. A recent Reuters/Ipsos poll suggests that roughly 49% of Americans support military involvement to restore order during protests if local police cannot manage, while 43% oppose it. Among conservative voters aged 50 and older, support for National Guard deployment rises to 61%.
Following the ruling, responses from political figures and the public came swiftly. A tweet from @TacticalPatriot declared, “MAJOR BREAKING: US Appeals Court gives Trump the GREEN LIGHT to send the National Guard into Portland… LET’S GO! SEND IN THE TROOPS, 47!”
Though the Ninth Circuit’s decision is a victory for the Trump administration, a final ruling is still forthcoming. The legal battle over the extent of executive power to deploy state troops remains ongoing. Troops are expected to arrive on the ground within 72 hours, according to Pentagon reports.
The outcome in Portland may have implications beyond Oregon, as similar deployments in cities like Los Angeles and Chicago are currently under judicial scrutiny. Courts in these jurisdictions have raised concerns regarding the legality of deploying the National Guard during peacetime. A prior injunction in Los Angeles questioned the necessity of such military action without clear evidence of rebellion or disorder.
The developments in Portland may set a crucial benchmark for assessing presidential authority over state-controlled military forces within the U.S. As the Ninth Circuit steps back, it seems the stage is set for National Guard boots to soon be on Portland’s streets.
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