(WASHINGTON) — The Trump administration has filed a motion to lift the remaining order that blocks the deployment of National Guard troops to Portland, Oregon. This action follows a ruling from the Ninth Circuit Court of Appeals that overturned a temporary restraining order (TRO) earlier on the same day. The appeals court determined that the administration is likely to succeed in its challenge against the TRO that had previously prevented the Oregon National Guard from being deployed to Portland.
Despite this development, a broader order remains in place that prohibits any state’s National Guard from being deployed to Portland. In its filing, the government referenced the appeals court's decision, stating, "Given the Ninth Circuit’s clear statements on the second TRO’s validity, the Court should address this motion in part today and without awaiting plaintiffs’ response due tomorrow evening." The motion further asserted that the Ninth Circuit’s ruling "plainly warrants dissolution of this Court’s second TRO."
Oregon Attorney General Dan Rayfield criticized the Ninth Circuit's ruling, claiming that the judges "have chosen to not hold the president accountable." He urged the full Ninth Circuit to vacate the decision before any deployments could occur, stating, "Portland is peaceful. The military has no place in our streets. We will continue to hold the line and fight for Oregon’s sovereignty."
Conversely, Florida Attorney General Pam Bondi praised the ruling, asserting that the appeals court found the president "has the right to deploy the National Guard to Portland, Oregon, where local leaders have failed to keep their citizens safe."
In late September, President Trump ordered the federalization of 200 members of the Oregon National Guard to protect federal property amid ongoing protests at a Portland ICE facility. This decision faced opposition from local officials, leading to a lawsuit from the city of Portland and the state of Oregon. Earlier this month, U.S. District Judge Karin Immergut issued a TRO that prohibited the deployment of the Oregon National Guard, stating that conditions in Portland were "not significantly violent or disruptive" enough to justify a federal takeover of the National Guard. The judge also noted that the president’s claims about the situation in Portland were "simply untethered to the facts."
The Ninth Circuit's ruling on Monday lifted Immergut’s TRO, indicating that the Trump administration was likely to prevail in its appeal. The court stated, "After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority" to federalize the National Guard.
Immergut had issued a second TRO after the administration attempted to deploy members of the California National Guard to Portland. The government is now seeking to dissolve that TRO or, at the very least, to stay the order until it expires on November 2. As of now, the city of Portland and the state of Oregon have not filed a response to the government’s motion. A trial regarding this matter is scheduled to begin on October 29.