Appeals court allows Trump administration to deploy National Guard in Portland
**Ninth Circuit Court Allows Trump Administration to Deploy National Guard Troops in Portland**
CNN — A ruling by the Ninth Circuit Court of Appeals on Monday permits the Trump administration to deploy National Guard troops in Portland. The appellate court found it likely that the administration will succeed in its appeal against a lower court order blocking the troop deployment.
The three-judge panel granted the administration’s motion to stay the lower court’s order while the appeal is underway. This marks an important legal victory amid ongoing debates about presidential power.
The decision came after U.S. District Judge Karin Immergut last week extended her temporary restraining order barring the deployment of federal troops to Portland.
Although President Trump has exaggerated the severity of Portland’s protests on social media, “this does not change that other facts provide a colorable basis to support the statutory requirements,” the majority said in their ruling.
Two Trump-appointed judges, Ryan D. Nelson and Bridget S. Bade, sided with the administration’s appeal. However, a third judge, Susan P. Graber, appointed by former President Bill Clinton, dissented. Judge Graber argued, “Today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions.”
From the White House perspective, the majority’s ruling confirms that the lower court’s decision was incorrect. White House spokesperson Abigail Jackson stated, “As we have always maintained, President Trump is exercising his lawful authority to protect federal assets and personnel following violent riots that local leaders have refused to address.”
The president has cited protests outside Portland’s Immigration and Customs Enforcement (ICE) facility as justification for sending troops to the deep blue city.
Oregon Attorney General Dan Rayfield plans to file a petition for an en banc rehearing with a larger panel of appellate judges, a spokeswoman confirmed. “Oregon joins Judge Graber in urging the full Ninth Circuit to ‘act swiftly’ en banc ‘to vacate the majority’s order before the illegal deployment of troops under false pretenses can occur,’” Rayfield said. “And, like her, we ‘ask those who are watching this case unfold to retain faith in our judicial system for just a little while longer.’”
Leaders in Oregon have strongly disputed President Trump’s description of Portland as “war-ravaged” and uncontrollably violent. They argue in court that the situation on the ground is nowhere near as extreme as federal officials claim.
Protests in Oregon’s largest city over White House immigration policies began in June, with a declared riot and subsequent arson arrests in mid-summer. The city was largely calm until late September, when Trump announced he was sending 200 Oregon National Guard troops to Portland.
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**Calls for Inquiry into National Guard Deployments**
In a letter sent Friday to the Defense Department Office of Inspector General, a group of senators—including those from Oregon—requested an inquiry into recent National Guard troop deployments nationwide.
The senators argued that these deployments are “fundamentally un-Constitutional, dangerous for American civil rights,” and risk “straining military readiness and resources.”
“We urgently request that you initiate an inquiry into the cumulative effects of these domestic deployments of U.S. active-duty troops and the National Guard—over the objections of state and local officials—on military readiness, resources, personnel, and our military as an institution,” the letter stated.
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**Trump Threatens National Guard Deployment to San Francisco**
On Sunday, President Donald Trump threatened to send National Guard troops to San Francisco as part of his administration’s crackdown on what he describes as crime-ridden cities.
“San Francisco was truly one of the great cities of the world, and then 15 years ago it went wrong, it went woke,” Trump said during an interview with Fox News anchor Maria Bartiromo. “We’re going to San Francisco and we’re going to make it great.”
California Governor Gavin Newsom responded on social media: “Nobody wants you here. You will ruin one of America’s greatest cities.”
Trump described most of the cities he targets for troop deployment as “Democrat-run,” calling them “unsafe” and “a disaster.” He also claimed he could invoke the Insurrection Act at any moment—a rarely used law that allows the president to deploy military forces domestically under limited circumstances.
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**Local Reactions to Federal Troop Deployments**
The mobilization of National Guard troops in cities such as Chicago, Memphis, and Portland has faced strong backlash from residents, as well as local and state officials. Some officials have resorted to lawsuits to oppose the federal deployments.
These actions have sparked additional protests and fueled a second nationwide “No Kings” rally over the weekend, with millions participating in over 2,700 events to protest the Trump administration’s approach.
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### San Francisco
Trump hinted at deploying federal troops to the Bay Area last week, telling FBI Director Kash Patel that San Francisco was among “great cities that can be fixed.”
California State Senator Scott Wiener, whose district includes San Francisco, said on X, “San Francisco neither needs nor wants Trump’s personal army on our streets. We don’t need Trump’s authoritarian crackdown in our city. Bottom line: Stay the hell out of San Francisco.”
Trump initially received support from Bay Area tech billionaire and Salesforce CEO Marc Benioff, who told The New York Times before his “Dreamforce” AI conference that he backed troop deployment in the city. However, Benioff later walked back his comments, stating on X that he does not believe National Guard troops are needed in San Francisco and apologized for any concern caused.
San Francisco Mayor Daniel Lurie has not directly addressed Trump’s comments but noted in a recent news conference that city crime has decreased by 30%—the lowest level in decades.
Despite a shortage of police officers, the San Francisco Police Department reported its largest surge of recruits in years, with 3,375 entry-level applications so far this year—over 40% higher than last year.
In June, Governor Newsom sued the Trump administration over federalization of the California National Guard aimed at quelling protests in Los Angeles. He has also joined a lawsuit opposing the deployment of federal troops from Los Angeles to Portland.
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### Memphis
Last week, seven Tennessee elected officials filed a lawsuit against the state’s governor and attorney general, challenging the deployment of the Tennessee National Guard to Memphis under Trump’s direction.
“Governor Lee’s deployment violates both the Tennessee Constitution and state statutes, which allow the Guard to be called up only in the event of a rebellion or invasion—and only when the General Assembly declares that public safety requires it,” the officials said in a statement published by the National Immigration Law Center. “No such conditions exist in Memphis today.”
Federal troops were observed in Memphis for the first time on October 10, including soldiers patrolling with Memphis police officers near the Pyramid landmark.
Memphis Mayor Paul Young defended the city, noting crime has dropped by double-digit percentages since last year but acknowledged the situation differs from legal battles in Portland, Chicago, and Los Angeles. “Memphis is different than L.A. and Chicago or Portland in that the governor of Tennessee and the president of the United States made the decision to bring the National Guard and the federal resources to the City of Memphis,” Young said.
Memphis Police Chief Cerelyn “CJ” Davis expressed hope that troops would assist in non-enforcement roles such as directing traffic and presence in public retail areas, avoiding checkpoints. “From a public safety standpoint, we’re trying to utilize Guard personnel in non-enforcement types of capacities, so it does not feel like there is this over-militarization in our communities, in our neighborhoods,” she said.
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### Chicago
On Friday, Trump urged the Supreme Court to allow him to deploy the National Guard in Chicago, marking the first time the legal fight has reached the nation’s highest court.
This emergency appeal follows lower court decisions that temporarily blocked the administration’s efforts to mobilize troops. The Chicago-based 7th U.S. Circuit Court of Appeals recently upheld an order blocking the deployment.
The administration argued that the lower court’s order “improperly impinges on the president’s authority and needlessly endangers federal personnel and property.” The appeal portrays the situation in Chicago as threatening, citing federal officials being “assaulted, attacked in a harrowing pre-planned ambush involving many assailants.”
Recent clashes between protesters and law enforcement in Chicago have drawn scrutiny from the courts. U.S. District Judge Sara Ellis demanded answers from federal authorities on violent encounters and whether the administration is following her instructions to limit force and protect journalists documenting protests.
Judge Ellis last week expanded her restraining order to require all federal agents with body cameras involved in protests to keep them activated during interactions with demonstrators. However, this does not apply to agents who are undercover, out of uniform, or exempt due to agency policies.
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As federal troop deployments continue to spark debate and legal challenges across the country, this ruling and subsequent actions underscore the escalating tensions over the use of military forces in domestic policing efforts.
https://www.phillytrib.com/appeals-court-allows-trump-administration-to-deploy-national-guard-in-portland/article_0846a97d-c450-438b-97f5-f61e9565d8cf.html
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