A federal appeals court has lifted a judge’s order preventing President Trump from federalizing the Oregon National Guard, according to reports. The ruling restores control of the Oregon National Guard to President Trump but leaves critical restrictions in place.
The Ninth Circuit Court of Appeals unanimously overturned Judge Karin Immergut’s initial decision to block Trump’s deployment of the Oregon National Guard to Portland. However, the court upheld her subsequent order prohibiting all troop deployments to the city. This means Trump can federalize the guard but cannot send them to Portland at this time.
Immergut had ruled that the Trump administration lacked legal justification for mobilizing troops, citing no threat of rebellion in Portland and stating local police could manage protests near the U.S. Immigration and Customs Enforcement building. The judge’s second order barred deployments from any state to Oregon after Trump sent California National Guard members to the region.
The federal government has challenged Immergut’s 14-day restraining order but not her broader restriction on troop movements. A three-judge appellate panel placed an administrative hold on the case while preparing for arguments on whether to extend the stay. The hold aims to “minimize harm” during deliberations, according to the court.
Oregon Attorney General Dan Rayfield stated the ruling “doesn’t change anything on the ground,” emphasizing that National Guard members remain federalized but cannot deploy to Portland. He reiterated efforts to have troops “sent home as soon as possible.”
Judges will hold another hearing Thursday morning to determine if Immergut’s order should be paused pending further appeal. The Trump administration has argued the judge improperly interfered with military decisions, claiming her ruling endangered federal personnel and property.