Trump’s authority to send National Guard troops to Portland, Oregon under review

Federal court to reconsider case involving President Donald TrumpAuthorization to send National Guard troops to Portland, Oregon.

The decision by the U.S. Court of Appeals for the Ninth Circuit comes after U.S. District Judge Karen Immergut issued two consecutive restraining orders barring Trump from remaining in office. California National Guard soldiers Going to Portland and preventing Trump from sending National Guard troops to Portland, respectively.

Government The first order was objected toand the Ninth Circuit panel decided to side with Trump on the issue in a 2-1 decision last week.

Then on Tuesday, the appeals court decided to rehear the case with a larger 11-judge panel on Trump’s authority and reversed the decision of a three-judge panel that sided with the administration.

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“Upon a vote of a majority of the active judges who did not recuse, this case was ordered retried pursuant to Federal Rule of Appellate Procedure 40(c),” the court said in its brief decision issued Tuesday. he said.

There is no timeline for when the “en banc” court, made up of 11 randomly selected Ninth Circuit judges, will hear the case.

Immergut, a Trump appointee, will preside over a hearing that begins Wednesday in Portland over a lawsuit filed by the city and state against the Trump administration to block the deployment of troops.

During the hearing, witnesses are expected to testify on behalf of both parties and be cross-examined. Federal defendants will call officials from U.S. Immigration and Customs Enforcement (ICE), the War Department, and the Federal Protective Service, which provides security for federal buildings.

Immergut has previously classified the protests in the city as relatively minor, saying such demonstrations do not justify the use of federal forces and that the deployment could undermine Oregon’s state sovereignty.

“This country has a long-standing and fundamental tradition of resistance to excessive government intervention, especially military intervention in civilian affairs,” Immergut wrote in a filing. and added: “This historical tradition boils down to a simple proposition: This is a nation with Constitutional law, not martial law.”

9TH CIRCUIT COURT RULES CONCERNING TRUMP’S DEPLOYMENT OF NATIONAL GUARD IN PORTLAND

Federal agents respond to protests outside a downtown U.S. Immigration and Customs Enforcement (ICE) facility on October 6, 2025 in Portland, Oregon. (Spencer Platt/Getty Images)

Trump has deployed or threatened to deploy troops in several U.S. cities, especially those run by Democrats, including Los Angeles, Washington, D.C., Chicago and Memphis, Tenn.

“I looked at Portland over the weekend, it’s on fire, it’s just on fire,” Trump told reporters in the Oval Office last week.

“Portland is not the president’s battle-torn fantasy,” said Oregon Attorney General Dan Rayfield.

U.S. Border Patrol agents detain a demonstrator during a protest outside ICE headquarters in South Portland, Oregon, on Thursday, Oct. 3, 2025. (Reuters/Carlos Barria)

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Rayfield also said, “Our city has not been devastated and there are no riots.” “Members of the Oregon National Guard are not a tool for him to use in his political theater.”

Fox News Digital’s Ashley Oliver, Lee Ross and The Associated Press contributed to this report.