**Title: Appeals Court Temporarily Lifts Deployment Ban for Oregon National Guard**
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 order that prevents any state's National Guard from deploying to the city remains in effect. This administrative stay only applies to a recent order from U.S. District Judge Karin Immergut, which prohibited the Oregon National Guard's deployment into the Portland area.
The Ninth Circuit did not evaluate the legal arguments from either side but issued the stay to minimize potential harm while the court reviews the case. Immergut's more comprehensive order, issued on Sunday night, continues to prohibit any state's National Guard from entering Portland. The Trump administration has not formally appealed this order.
In its ruling, the court 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."
The Ninth Circuit is scheduled to hear oral arguments regarding a stay pending appeal on Thursday. During a late-night hearing on Sunday, Immergut expressed concern over the Trump administration's attempts to bypass her earlier ruling that blocked the deployment of the Oregon National Guard to Portland. She noted that conditions in the city were "not significantly violent or disruptive" enough to warrant a federal takeover of the National Guard, and described the president's claims about Portland as "simply untethered to the facts."
The three-judge panel of the Ninth Circuit has placed an administrative hold on the case as they prepare to hear arguments. This hold allows Oregon National Guard members to remain under federal control but prohibits their mobilization into federal service in Portland. The federal government has not contested Immergut's temporary restraining order issued on Sunday night, which restricts the deployment of any National Guard from any state to Oregon.
Immergut's October 4 ruling blocked the federal government from sending Oregon National Guard troops to Portland for 14 days. She determined that the Trump administration lacked legal justification for mobilizing troops, stating that there was no threat of rebellion in Portland and that local police could manage the sporadic protests at the ICE building. Federal officers are still able to enforce federal laws in the area.
The appellate panel is set to hear arguments on Thursday morning regarding the federal government’s motion to pause Immergut’s temporary restraining order. The arguments will be live-streamed on the court’s website, but the panel will not issue a ruling from the bench.
Attorneys for the Trump administration have urged the Ninth Circuit to grant an immediate hold on Immergut’s orders, arguing that she "impermissibly second-guessed the Commander in Chief’s military judgments." Conversely, attorneys for the state and Portland have submitted briefs requesting that the Ninth Circuit maintain the orders until the court hears the federal government’s full appeal. They argue that the court should preserve the status quo and prevent federally mobilized soldiers from engaging with the public in Portland.
The judges on the panel include two appointed by Trump and one appointed by former President Bill Clinton. The same panel will also hear the government’s full appeal of Immergut’s ruling.
In a related matter, California Attorney General Rob Banta sent a letter to the Ninth Circuit on Monday, asking it to lift its hold on an injunction that barred the use of federalized California National Guard troops in Los Angeles. Banta argued that the Trump administration's movement of 200 California National Guard troops to Portland undermines its claim of needing to maintain peace in Los Angeles. He described the transfer as a "remarkable and unprecedented effort to circumvent a judicial order and undermine the rule of law."