The Ninth Circuit Court of Appeals on Tuesday temporarily lifted a lower court’s block on the deployment of Oregon’s National Guard troops to Portland, offering a limited legal victory to the Trump administration amid ongoing legal battles over the federalization of state forces.
The court’s administrative stay applies only to Saturday’s temporary restraining order issued by U.S. District Judge Karin Immergut, which barred the Oregon National Guard—already federalized—from being physically deployed in Portland. However, a broader prohibition remains intact: Immergut’s Sunday order barring the deployment of any National Guard units from other states into Portland is still in effect and has not yet been appealed by the administration.
“In the circumstances here, granting an administrative stay will best preserve the status quo,” the Ninth Circuit panel wrote. “Prior to the October 4 temporary restraining order, Oregon National Guard members had been federalized but not deployed.”
The appellate court emphasized that its decision was procedural, meant to prevent immediate harm while deliberations continue, and did not weigh in on the legal merits of either side’s arguments. Oral arguments on whether to issue a longer stay pending appeal are scheduled for Thursday.
Judge Immergut’s earlier rulings followed a series of escalating court battles over the Trump administration’s decision to invoke emergency powers and deploy troops in response to protests and political unrest in Portland.
In her Saturday decision, Immergut found that conditions in the city were “not significantly violent or disruptive” and that the administration’s claims of chaos were “simply untethered to the facts.”
Her Sunday order, which imposed a sweeping nationwide ban on National Guard units from any state entering Portland without state-level consent, came after she expressed alarm that the administration appeared to be circumventing her previous ruling.
“I am deeply troubled by the government’s effort to sidestep judicial authority in this matter,” Immergut said during an unusual late-night hearing.
While the latest ruling provides a short-term reprieve for the administration’s Portland strategy, the case remains far from resolved. The Trump administration has not yet filed a formal appeal of the broader nationwide ban, and legal analysts say Thursday’s arguments could determine whether federalized deployments continue during the appeal process.
The case also raises broader questions about presidential authority, state sovereignty, and the militarization of civil unrest responses, especially as the 2026 midterm election cycle heats up.
In the meantime, Oregon’s National Guard remains federalized, but its actual deployment to Portland remains in legal limbo—subject to further court decisions in the coming days.
























