Federal Appeals Court Temporarily Lifts Block on Oregon National Guard Deployment to Portland

The Ninth Circuit Court of Appeals has temporarily lifted a lower court's order that blocked the deployment of Oregon National Guard troops to Portland. However, a broader prohibition preventing any state's National Guard from deploying to the city remains in effect.

The administrative stay pertains specifically to U.S. District Judge Karin Immergut's October 4 order, which prohibited the deployment of the Oregon National Guard into the Portland area. The Ninth Circuit's decision to issue the stay aims to preserve the status quo while the court deliberates, without assessing the merits of either side's legal arguments.

Judge Immergut's subsequent order from October 5, which prohibits the deployment of National Guard troops from any state into Portland, continues to stand. The Trump administration has not formally appealed or challenged this broader order.

The Ninth Circuit stated, "In the circumstances here, granting an administrative stay will best preserve the status quo. Prior to the October 4 temporary restraining order, Oregon National Guard members had been federalized but not deployed."

Oral arguments for a stay pending appeal are scheduled for Thursday.

During an unusual late-night hearing on October 5, Judge Immergut expressed concern over the Trump administration's attempt to circumvent her earlier order. She noted that conditions in Portland were "not significantly violent or disruptive" to justify a federal takeover of the National Guard and described the president's claims about the city as "simply untethered to the facts."