Trump Cleared to Deploy Oregon National Guard Amid Violent Anti-ICE Protests, Appeals Court Rules
President Donald Trump now has the green light to deploy the Oregon National Guard to defend federal facilities under siege in Portland. The Ninth Circuit Court of Appeals ruled Monday that Trump acted within his constitutional authority to protect U.S. Immigration and Customs Enforcement (ICE) infrastructure after months of violent protests in the city.
White House spokeswoman Abigail Jackson praised the decision, saying, “President Trump is exercising his lawful authority to protect federal assets and personnel following violent riots that local leaders have refused to address. This ruling reaffirms that the lower court’s ruling was unlawful and incorrect.”
The court battle arose after local officials and left-wing activists sought to block the deployment, claiming it violated state sovereignty and infringed on the rights of protesters. But in a sharp rebuke, the appeals court sided with the Trump administration.
Trump-Appointed Judge: Portland Response Was Proportionate
Judge Ryan Nelson, appointed by President Trump, wrote in his concurring opinion that the decision was legally sound.
“Finally, the proportionate response to the events in Portland further support that the President likely invoked [the law] lawfully and in good faith,” Nelson wrote. “A grossly disproportionate response could suggest that the executive might be acting pretextually, rather than in response to [the law’s] enumerated predicates.”
The ruling clears the path for immediate National Guard presence at ICE facilities that have come under repeated attack by masked agitators, many affiliated with Antifa. Demonstrations have spiraled into riots since June, with property destruction, arson, and multiple instances of federal agents being injured.
Clinton-Appointed Judge Decries Decision in Dissent
Judge Susan Graber, appointed by President Bill Clinton, dissented strongly, accusing the majority of undermining the Constitution.
“Given Portland protesters’ well-known penchant for wearing chicken suits, inflatable frog costumes, or nothing at all when expressing their disagreement with the methods employed by ICE, observers may be tempted to view the majority’s ruling, which accepts the government’s characterization of Portland as a war zone, as merely absurd,” Graber wrote.
“But today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions. I strenuously dissent.”
Trump Authorizes ‘Full Force’ in Defense of Federal Property
President Trump has not minced words about the unrest.
“At the request of Secretary of Homeland Security, Kristi Noem, I am directing Secretary of War, Pete Hegseth, to provide all necessary Troops to protect War ravaged Portland, and any of our ICE Facilities under siege from attack by Antifa, and other domestic terrorists,” Trump posted to Truth Social in September. “I am also authorizing Full Force, if necessary.”
Texas National Guard Still Restricted
Though the Oregon deployment was approved, the Ninth Circuit did not authorize the deployment of Texas National Guard units to Portland. The legal barriers surrounding cross-state National Guard use remain complex, and further litigation is likely.
The protests in Portland have persisted for months, often escalating into full-blown riots with vandalism, Molotov cocktails, and clashes with federal officers. Tear gas was deployed again over the weekend after demonstrators attempted to breach ICE security fencing, according to local outlet KATU.
The Trump administration’s victory in court is a major step forward in reasserting federal authority amid lawlessness in Portland, a city where local leaders have refused or failed to bring protests under control. Similar federal deployments to Los Angeles earlier this year also sparked legal fights, many of which are still working through the courts.