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Trump can deploy National Guard in Portland, appeals court panel says

By Dan Mangan

Trump can deploy National Guard in Portland, appeals court panel says

Federal agents confront protesters outside of the U.S. Immigration and Customs Enforcement building on September 28, 2025 in Portland, Oregon.

A federal appeals court on Monday said that President Donald Trump could deploy National Guard troops to the streets of Portland, Oregon.

The 2-1 ruling by a three-judge panel on the 9th Circuit U.S. Courts of Appeals stayed a temporary restraining order issued by a federal district court judge on Oct. 4 enjoining Trump's order to federalize 200 members of the Oregon National Guard to protect an Immigration and Customs Enforcement facility in Portland.

"After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under" a law "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 majority of the panel said in its decision Monday.

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