A federal appeals court paused a judge’s temporary restraining order that had blocked President Donald Trump from deploying the National Guard to Portland to restore order.
On October 8, the Ninth Circuit Court of Appeals unanimously issued a pause halting Judge Karin Immergut’s order against the federalization of the Oregon National Guard, but left in place another order barring the deployment of the Oregon and California National Guard to Portland.
The appeals panel is made up of two Trump appointees and one Clinton appointee.
Immergut, a Trump appointee, granted the Democrat-run State of Oregon and the City of Portland a restraining order on October 4, which halted the Trump Administration from sending the National Guard to Portland.
She declared that President Trump’s decision to deploy troops would send the country into a constitutional crisis.
The 9th Circuit’s administrative stay of the temporary restraining order will allow the continued federalization of the Oregon National Guard.
However, a second temporary restraining order issued by Immergut has yet to be challenged or appealed.
The judge issued the second TRO after President Trump attempted to circumvent her previous order halting troop deployment to Portland by calling up hundreds of members of the California National Guard on October 6.
“A district court judge has no conceivable authority, whatsoever, to restrict the President and Commander-in-Chief from dispatching members of the US military to defend federal lives and property,” White House Deputy Chief of Staff for Policy and Homeland Security Advisor Stephen Miller posted on X.
“Today’s judicial ruling is one of the most egregious and thunderous violations of constitutional order we have ever seen — and is yet the latest example of unceasing efforts to nullify the 2024 election by fiat,” Miller added.
Democratic Oregon Governor Tina Kotek has demanded that President Trump “stand down” and keep federalized troops out of the state, as Antifa and other far-left extremists attack federal officers who are rounding up gang members and illegal aliens with criminal backgrounds.
The Portland Police Department has refused to render aid and assistance to ICE agents and has even allowed violent extremists to assault them in the streets.
Last month, President Trump called for troops to deploy to Portland and other Democrat-run cities to protect ICE agents from violent attacks by left-wing extremists and the drug cartels.
Trump noted that the National Guard could be tasked with neutralizing the “enemy within” and that Democrat-run cities where troops are to be deployed could serve as a “training ground” for the military.
“At the request of Secretary of Homeland Security, Kristi Noem, I am directing Secretary of War, Pete Hegseth, to provide all necessary Troops to protect War ravaged Portland, and any of our ICE Facilities under siege from attack by Antifa, and other domestic terrorists. I am also authorizing Full Force, if necessary. Thank you for your attention to this matter!” Trump posted on Truth Social.
On September 28, Secretary of War Hegseth issued a memorandum authorizing the federalization and deployment of 200 members of the Oregon National Guard.
Meanwhile, 400 Texas National Guardsmen were also activated for deployment to Oregon, Illinois, and other states.
The temporary restraining order will expire on October 18, while arguments for a longer stay are scheduled for October 9.
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