A US appeals court has ruled that President Donald Trump can deploy National Guard troops to Portland, Oregon, despite opposition from state and city officials, marking a significant legal win for the Republican leader as disputes over federal control of local security continue.
The decision, issued Monday by a three-judge panel of the 9th US Circuit Court of Appeals, temporarily lifted an earlier injunction that had blocked the troop deployment while legal challenges proceed. The ruling allows Trump’s directive to move forward pending a full trial on the matter later this month.
Two judges appointed by Trump voted in favour of the Justice Department’s appeal, while one judge, appointed by former President Bill Clinton, dissented. The panel’s decision pauses an order from Portland-based District Judge Karin Immergut, who earlier ruled that Trump likely overstepped his legal authority when he attempted to federalise Oregon’s National Guard.
Immergut, also a Trump appointee, had barred the president from sending troops until at least the end of October and scheduled a bench trial for October 29 to determine whether to make that restriction permanent.
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The case highlights a growing constitutional clash between the federal government and Democratic-led states over the use of the National Guard for domestic law enforcement.
Democratic leaders from Oregon, California, and Illinois have filed lawsuits arguing that Trump’s deployments breach the Posse Comitatus Act — a federal law restricting the use of military forces on US soil — and infringe on states’ rights under the 10th Amendment.
Portland officials accused the Trump administration of exaggerating the threat posed by small-scale protests to justify the use of military power. Police data from the state showed only 25 arrests during June demonstrations and none since mid-June, contradicting Trump’s description of the city as “war-ravaged.”
The president has cited Section 12406 of Title 10 of the US Code, which authorises the federal deployment of National Guard troops to suppress rebellion or enforce federal law. Trump first ordered 200 Guard members to Portland on September 27, extending a pattern of deploying troops to cities including Los Angeles, Washington DC, and Memphis.
“The president has full authority to ensure public safety where local officials have failed to act,” the Justice Department said in its appeal, arguing that Immergut’s injunction “interfered with the executive’s constitutional powers.”
The non-jury trial scheduled for October 29 will determine whether Trump’s order stands on firm constitutional ground or violates state sovereignty. Until then, the appeals court’s ruling effectively clears the way for federal deployment in Portland.
