PORTLAND, Ore. — A panel of judges at the U.S. 9th Circuit Court of Appeals has ruled that the Trump administration can deploy Oregon National Guard troops to Portland.
It's the latest development in an escalating legal battle between the federal government and local leadership, centered on protests at the U.S. Immigration and Customs Enforcement facility in Portland's South Waterfront district.
The administration argued that the troops are needed to help protect the building, where for several months, a small group of demonstrators has gathered outside, leading to occasional clashes with federal agents guarding the building — but local and state officials have said the administration is grossly exaggerating the scale of the incidents.
The decision comes weeks after a hearing Thursday, Oct. 9, where the three-judge panel heard arguments from Oregon and U.S. Department of Justice attorneys. Each side had 20 minutes to make their case, not including time for judges' questions.
One of the judges, Judge Susan P. Graber, dissented from the decision.
Weeks ago, U.S. District Court Judge Karen Immergut issued a temporary restraining order blocking the use of the Oregon National Guard in Portland while the larger case is decided.
Hours later, the Trump administration attempted to skirt the judge's ruling by sending roughly 200 members of the California National Guard to Oregon instead. They made it as far as Camp Withycombe in Happy Valley.
The Trump administration also looked to deploy members of the Texas National Guard to Oregon, as well as Chicago. Immergut then issued a second, broader order blocking the deployment of any state's National Guard to Oregon.
The Trump administration quickly appealed Immergut's initial TRO up to the Ninth Circuit.
On Oct. 15, Immergut extended her initial order by an additional 14 days, just days before it was set to expire on the 18th.
During the appellate court hearing, U.S. DOJ Attorney Eric McArthur argued to a three-judge panel composed of two Trump appointees and a Clinton appointee that the court should dissolve the second TRO as well as the first if the administration's appeal was granted.
It is unclear what will happen now regarding Immergut's second TRO.
U.S. Northern Command said that it's aware of the 9th circuit ruling.
"However, the Title 10 National Guard soldiers in Portland are not conducting any operational activities at this time," U.S. Northern command said in a statement. "When we have an operational update, we will make it on our website."
Trump previously said he'd be open to invoking the Insurrection Act, which could lead to military troops being deployed to U.S. cities.
About the judges
The three judges hearing the motion were Judge Susan P. Graber, Judge Ryan D. Nelson and Judge Bridget S. Bade. Judge Graber was appointed by President Bill Clinton in 1997. Judges Nelson and Bade were both appointed by Trump during his first term, in 2018 and 2019, respectively.