Ninth Circuit Panel Allows Trump National Guard Deployment to Portland

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled 2-1 to overturn a district court order blocking President Trump’s deployment of approximately 200 Oregon National Guard troops to protect a Portland ICE facility. Circuit Judges Ryan D. Nelson and Bridget S. Bade formed the majority, while Judge Susan P. Graber dissented.

The ruling reversed U.S. District Judge Karin Immergut’s October 4 temporary restraining order, which had found that protests at the Portland ICE facility had been ‘generally peaceful’ since June 2025 and did not prevent federal law enforcement from performing their duties. Trump had formally called up the Oregon National Guard on September 28, 2025, claiming emergency authority to deploy troops domestically.

However, the deployment victory proved short-lived. On October 28, at least 15 of the 29 Ninth Circuit judges voted to grant ’en banc’ or full court review, automatically staying the panel’s decision and blocking deployment until the full court could rule. The case raises fundamental questions about presidential authority to federalize and deploy National Guard troops domestically, the limits of the Posse Comitatus Act, and the balance between executive power and judicial oversight. Legal experts noted the case could establish important precedents for domestic military deployment authority.