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On Monday (October 20), the Ninth Circuit Court of Appeals ruled that President Donald Trump can deploy National Guard troops in Portland, Oregon. The decision lifts a previous order that blocked the deployment, marking a significant legal victory for the Trump administration in its efforts to bolster immigration enforcement in Democratic-led cities.
The ruling came from a three-judge panel, with a 2-1 decision. Judges Ryan Nelson and Bridget Bade, both appointed by President Trump, supported the administration's stance that deploying the National Guard was necessary to protect an Immigration and Customs Enforcement (ICE) facility in Portland. They argued that the President acted within his statutory authority, which allows federalization of the National Guard when regular forces cannot execute U.S. laws.
Judge Susan Graber, appointed by former President Bill Clinton, dissented, arguing that the deployment was unjustified. She noted that the protests in Portland were small and non-disruptive, contradicting President Trump's portrayal of the city as "war-ravaged." Graber emphasized that the law only permits National Guard deployment to repel invasions, quell rebellions, or execute laws, none of which applied in this case.
The decision is part of ongoing legal battles over the use of federal troops in domestic situations. The Ninth Circuit had previously supported Trump's use of troops in Los Angeles, while the Seventh Circuit ruled against troop deployment in Chicago. A non-jury trial is set for October 29 to consider a longer-term block on the deployment.