Federal appeals court shifts course, won’t allow Portland Guard deployment while it considers next steps
(Update: New Ninth Circuit Court ruling puts hold on earlier stay of judge's decision)
PORTLAND, Ore. (KTVZ) -- A federal judge held another hearing Friday and expects to decide in coming days whether President Trump can deploy National Guard troops to Portland, the latest in weeks of legal wrangling between the administration and Oregon officials.
But later Friday, the Ninth U.S. Circuit Court of Appeals issued a brief decision that puts an "administrative stay" on its earlier ruling that stayed the first of U.S. District Judge Karen Immergut's two rulings and could have cleared the way for the Guard deployment.
Here's a statement from Oregon Attorney General Dan Rayfield:
Salem, OR - This afternoon, the Ninth Circuit Court of Appeals hit pause on an earlier ruling that would have allowed federal deployment of National Guard troops in Portland. The pause—called an administrative stay—will remain in place until 5 p.m. on October 28 while the court decides whether to take another look at the case.
“This decision gives the court time to fully consider the serious constitutional questions at stake,” said Attorney General Dan Rayfield. “It also ensures there won’t be a federal deployment while that process plays out—an important step in protecting Oregonians’ rights and keeping our communities safe.”
The court’s order allows time for the full Ninth Circuit to vote on whether to rehear the case en banc – meaning before a larger panel of judges, rather than the three-judge panel that issued the earlier ruling. From now until Tuesday, October 28, there will be no deployment of National Guard troops in Portland.
Earlier story:
KGW reports that U.S. District Court Judge Karin Immergut held a teleconference hearing Friday but said she will not issue a decision immediately. Instead, she said she will likely rule by Monday on whether to lift a temporary restraining order that currently blocks deployment of Guard troops in response to ongoing protests outside Portland’s ICE facility.
The legal issues began in late September, when President Trump announced plans to send the Oregon National Guard to Portland.
Oregon sued, resulting in two quick-fire restraining orders: one blocking Oregon’s own Guard deployment, and another preventing Trump from deploying troops from California or Texas. Earlier this week, the Ninth U.S. Circuit Court of Appeals overturned the first order, but the second restraining order still stands since it has not yet been appealed by the administration.
During Friday’s hearing, lawyers for Oregon and Portland argued the second order should remain while the Ninth Circuit considers letting a larger en banc panel re-hear the restraining order case. Meanwhile, the Trump administration asked Judge Immergut to dissolve the order, paving the way for deployment, but clarified that the plan remains limited to 200 Oregon National Guard troops.
So far, the court decisions have focused only on blocking or allowing deployment while the District Court considers whether Trump has the legal authority to order the troops into Portland. A full trial on that question is scheduled to begin next Wednesday.
If Judge Immergut ultimately rules in favor of Oregon and Portland, the Guard would be sent home —though the president still appeal. KGW reports her next ruling is expected by Monday.
Press release Friday from Oregon Attorney General Dan Rayfield:
| Statement from Attorney General Dan Rayfield on Court Hearing Regarding Second TRO in National Guard Deployment |
Portland, OR - Today, the U.S. District Court heard arguments on whether to dissolve the second temporary restraining order in the National Guard case and is taking the matter under advisement. Judge Karin Immergut indicated she will issue a decision by Monday, and possibly earlier.
“The court is taking the time it needs to weigh this unprecedented issue. The stakes are high — for the Constitution, for Oregon’s sovereignty, and for the safety of our communities.
"Regardless of how the court rules, this fight is not over. Next week we will move to trial on the merits, where we will put on evidence proving that this deployment is unnecessary and unlawful.
"We’re grateful the court is giving thoughtful consideration to the facts and to the new information that’s come to light. In the meantime, I urge Oregonians to keep Portland safe and peaceful — and to continue showing the world who we are.”
