On Wednesday, a federal appeals court overturned a prior ruling that had halted President Trump from deploying the Oregon National Guard.
This legal tussle began on Saturday when Judge Karin Immergut, a Trump appointee, issued a block against Trump’s National Guard plans for Portland.
In her Temporary Restraining Order (TRO), she criticized the president’s choice to deploy troops, cautioning it could precipitate a constitutional crisis.
Notably, this TRO is set to expire on October 18.
After the ruling, Trump’s justification to send troops to Portland raised alarms, with concerns surfacing about its potential to tilt the nation into a constitutional conflict. Unfazed, Trump activated hundreds of California National Guard troops to bypass this judicial blockade, alongside mobilizing up to 400 Texas National Guard soldiers for deployment across Oregon, Illinois, and beyond amidst escalating anti-ICE protests.
Later that Sunday, Judge Immergut convened an emergency hearing in response to Trump’s maneuver to ‘evade’ her earlier decision against troop deployment to Portland.
During this session, the judge issued a second TRO, extending her order to prevent all troop deployment to Oregon.
15/ Plaintiff: Appropriate to issue a second order with broader scope to incorporate reasoning, “exploited” b/c TRO limited to Oregon, so we want to prohibit stay federalized members of any national guards of any state or district of columbia. Judge: That’s what I will do, I will…
— Margot Cleveland (@ProfMJCleveland) October 6, 2025
The Ninth Circuit Court of Appeals unanimously voted on Wednesday to revoke Judge Immergut’s Temporary Restraining Order concerning the mobilization of Oregon National Guard troops. However, they left in place her prior ruling against troop deployment.
This three-judge panel featured Graber (nominated by Clinton), Nelson (nominated by Trump), and Bade (also nominated by Trump), creating an interesting political dynamic.
President Trump had previously set the stage for troop deployment to Portland and other Democrat-controlled cities, underpinning his intent to safeguard ICE agents against perceived threats from Antifa and other radical left factions.
“At the request of Homeland Security Secretary Kristi Noem, I am directing Secretary of War Pete Hegseth to provide all necessary troops to protect war-ravaged Portland and our ICE Facilities facing assaults from Antifa and other domestic terrorists. I am also authorizing full force, if necessary. Thank you for your attention to this matter!” Trump had proclaimed on Truth Social.
Unsurprisingly, the Oregon state government proceeded to initiate legal action against the Trump administration to halt the troop deployments.
The court will hear arguments regarding a longer stay on this matter on Thursday.
JUST IN: 9th Circuit panel lifts TRO judge issued against federalization & deployment of Oregon National Guard in Portland for ICE security. Administrative stay. Args on longer stay set for tomorrow. 3-0. Graber/R.Nelson/Bade (Clinton/Trump/Trump). Doc: https://t.co/h8r82sI5Fb
— Josh Gerstein (@joshgerstein) October 8, 2025
