Oct. 20 (UPI) — A federal appeals court Monday cleared the way for President Donald Trump to federalize and deploy the Oregon National Guard into what he is calling “war-ravaged” Portland.
Monday’s 2-1 ruling by a three-judge panel on the U.S. Court of Appeals for the 9th Circuit reverses a temporary restraining order that blocked the troops, as the administration challenges a lawsuit filed by Oregon and Portland officials. The case is still scheduled for trial on Oct. 29.
Last month, Defense Secretary Pete Hegseth authorized the deployment of 200 Oregon National Guard troops after the president called Portland a “war-ravaged” city and said the U.S. Immigration and Customs Enforcement offices there were “under siege.”
Last week, U.S. District Judge Karin Immergut extended two temporary restraining orders, saying the president could not federalize Oregon’s National Guard as, “This is a nation of Constitutional law, not martial law.” The Trump administration promptly appealed Immergut’s first restraining order to the Ninth Circuit.
“Even if the president may exaggerate the extent of the problem on social media, this does not change that other facts provide a colorable basis to support the statutory requirements,” Monday’s order read.
“Rather than reviewing the president’s determination with great deference, the district court substituted its own determination of the relevant facts and circumstances.”
At a hearing on Oct. 9, the 9th Circuit judges heard 20-minute arguments from Oregon attorneys and from the U.S. Department of Justice. Justice Department attorneys argued that the troops are needed to protect Portland’s ICE facility following protester clashes with federal agents. Oregon officials claimed the administration was exaggerating.
Portland is one of several cities where the Trump administration has deployed the National Guard. The administration has also deployed troops to Memphis, Tenn., and is working to deploy the National Guard to Chicago to curb crime and protect federal buildings, as ICE agents crack down on illegal immigration.
Trump said earlier this month he would be open to invoking the Insurrection Act, “if necessary” to deploy the National Guard.