A federal appeals court on Monday reportedly cleared the way for the Trump administration to deploy National Guard troops to Portland, Oregon, ruling that the president has the authority to send soldiers from multiple states to assist federal law enforcement amid ongoing unrest.
The decision by the U.S. Court of Appeals for the Ninth Circuit lifted a lower court order that had temporarily blocked the deployment. The 36-page opinion allows National Guard troops from Oregon and California to assist federal agents in Portland and potentially in other cities where protests have turned violent.
It was not immediately clear whether the ruling also extended to Guard units from Texas or other states, which President Trump has previously indicated he might call upon.
The ruling came from a two-judge majority consisting of Ryan D. Nelson and Bridget S. Bade, both appointed by President Trump, who concluded that the president’s authority as commander in chief gives the administration broad discretion to protect federal property and enforce immigration laws. Judge Susan P. Graber, appointed by President Bill Clinton, dissented.
The appeals court’s decision reverses an injunction issued by Judge Karin J. Immergut of the Federal District Court for the District of Oregon, who had sought to halt the deployment amid objections from local officials and progressive activists.
They argued that the use of federal troops could inflame tensions with demonstrators who have been protesting outside an Immigration and Customs Enforcement (ICE) facility in South Portland since June.
In its opinion, the Ninth Circuit panel found that the federal government has a “compelling interest” in safeguarding national security and ensuring the uninterrupted enforcement of federal law.
The judges noted that the Constitution grants the president significant latitude in determining how to protect federal personnel and facilities during periods of civil unrest.
The ruling could allow Guard troops to be stationed at the ICE facility in South Portland, which has become a flashpoint for clashes between law enforcement and demonstrators.
The far-left, including members of antifa, have repeatedly targeted the facility, which houses federal immigration agents, as part of a broader campaign against Trump administration immigration policies.
This story is developing…
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