Appeals Court Delays Trump's Command Over Oregon National Guard Troops

Tue Oct 21 2025 13:25:19 GMT+0300 (Eastern European Summer Time)

A recent appeals court ruling has temporarily blocked President Trump's ability to deploy Oregon National Guard troops amid ongoing legal challenges and political tensions.

An appeals court has put a hold on a lower court decision that restricted President Trump from deploying 200 Oregon National Guard troops. While he is currently barred from sending troops, the administration plans to seek the lifting of this restriction. Oregon's Attorney General has raised concerns that the decision presents a significant overreach of presidential power.

PORTLAND, Ore. (RTW) — An appeals court has intervened, placing a temporary hold on a lower court ruling that barred President Donald Trump from utilizing 200 Oregon National Guard troops. Despite this step forward for the administration, the President is still prevented from deploying the troops for the time being.

Earlier in the month, U.S. District Judge Karin Immergut issued two temporary restraining orders. One prevented Trump from mobilizing the troops to Portland, while another prohibited any National Guard deployment to Oregon entirely, following Trump's attempts to circumvent the ruling by deploying troops from California instead.

In a 2-1 decision, the 9th U.S. Circuit Court of Appeals ruled that the Justice Department's appeal against the first order could proceed, aligning with the administration’s assertion of presidential authority to federalize troops in response to law enforcement needs.

Judge Immergut's subsequent order remains effective, which means the deployment of troops is still on hold. The Justice Department intends to request that Immergut lift the second restriction, arguing against judicial interference in presidential decisions regarding troop deployments.

Oregon Attorney General Dan Rayfield voiced strong criticism of Monday's ruling, stressing concerns about the potential for unchecked presidential power in deploying military personnel to civilian areas. He plans to seek a broader review of the appeals decision.

“Allowing this ruling to stand could enable unilateral presidential action with minimal justification, which is dangerous for our democracy,” Rayfield remarked.

Complications surrounding Trump's deployment of National Guard troops have faced multiple legal challenges. A previous ruling in California determined that the president's troop deployment there violated the Posse Comitatus Act, designed to prevent military involvement in civilian law enforcement.

The administration has repeatedly cited the necessity of troop presence to safeguard federal properties, especially in the context of civil unrest and protests. Opposition figures, including Judge Susan Graber from the 9th Circuit, have called for restraint, suggesting that there have been no significant disruptions worthy of military presence in Oregon.