US federal appeals court allows Trump to deploy National Guard troops to Portland
By Xinhua Published: Oct 21, 2025 07:41 AM
A federal appeals court based in California on Monday allowed the Trump administration to deploy National Guard troops to the city of Portland, lifting a lower court order that had halted the deployment.
The 2-1 ruling from a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, headquartered in San Francisco, California, came roughly two weeks after a federal judge temporarily blocked U.S. President Donald Trump's attempt to send National Guard troops to Portland, the state of Oregon.
The latest opinion concluded that "it is likely" that the president lawfully exercised his statutory authority, 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 evidence the president relied on reflects a "colorable assessment of the facts and law within a 'range of honest judgment,'" the opinion said.
One circuit judge dissented from the order, arguing that Congress authorized the president to deploy the National Guard "only in true emergencies" to repel an invasion, to suppress a rebellion, or to overcome an inability to execute the laws.
"Congress did not authorize deployment in merely inconvenient circumstances, and Congress unquestionably did not authorize deployment for political purposes," the dissenting judge said.
The state of Oregon and the city of Portland filed a lawsuit against the Trump administration on Sept. 28, shortly after U.S. Defense Secretary Pete Hegseth authorized the deployment of 200 Oregon National Guard troops to Portland, the state's largest city.
"What we're seeing is not about public safety, it's about the President flexing political muscle under the guise of law and order, chasing a media hit at the expense of our community," Oregon Attorney General Dan Rayfield said in a statement.
On Oct. 4, Karin J. Immergut, from the U.S. District Court for the District of Oregon, issued a two-week temporary restraining order, noting that the president's attempt to federalize the National Guard without constitutional authority infringes upon Oregon's sovereign rights.
The Trump administration tried to sidestep the ruling and planned to move 300 federalized California National Guard personnel to Portland. On Oct. 5, Immergut halted any federalization, relocation or deployment of any National Guard members to Oregon from any state.
The Supreme Court could weigh in on this matter. On Friday, Trump asked the Supreme Court to clear the way for him to utilize National Guard troops to support his immigration enforcement in Chicago, Illinois, with U.S. Solicitor General D. John Sauer filing an emergency appeal seeking to lift lower-court rulings that blocked the deployment.