A federal appeals court ruled on Wednesday that the Oregon National Guard can remain under the Trump administration‘s control.
The Ninth Circuit Court of Appeals issued the ruling, rebuking the efforts of Gov. Tina Kotek (D-OR), who sought to prohibit her state’s National Guard troops from being placed under the authority of President Donald Trump. However, the court’s decision was not a total loss for Kotek, as it also ruled that troops were not yet allowed to be deployed to Portland, Oregon. The president desired to have troops assist with protecting Immigration and Customs Enforcement officers from violent protesters and in crime prevention efforts.
The three-judge panel stayed the two orders issued by U.S. District Court Judge Karin Immergut over the weekend, which prohibited Trump from deploying National Guard troops from any state into Oregon. Wednesday’s orders are temporary until the court hears arguments for justifications to deploy the National Guard to Portland, which are scheduled for Thursday at 9 a.m. local time, according to reports.
“An administrative stay of the October 4 temporary restraining order will maintain the federalization of Oregon National Guard members, because that order prohibits implementation of the Memorandum,” read court documents. “Additionally, the second temporary restraining order has not been challenged or appealed, and it prohibits the deployment of National Guard members in Oregon.”
“Thus, the effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed,” noted the court order.
Protesters have allegedly harassed and demonstrated against law enforcement officers for months at an Immigration and Customs Enforcement facility in Portland. The Trump administration has claimed that many of the demonstrators have engaged in violence against ICE officers, necessitating the aforementioned federal deployment of National Guard troops. Portland Mayor Keith Wilson, Oregon’s governor, and many Democrats in and out of Oregon have rejected such claims, saying the protesters only amount to a small gathering and are mostly peaceful.
Immergut agreed with those suggesting the violence in Portland is minimal, ruling in two hearings over the weekend that the Trump administration did not have a basis to use National Guard troops in Portland. She also categorized the deployment as illegal.
“You have to have a colorable claim that Oregon conditions” require National Guard troop deployment, said Immergut. “You don’t. We went over it.”
Oregon Attorney General Dan Rayfield praised the Ninth Circuit’s order prohibiting National Guard troops in Portland.
CHICAGO HAS NO SOVEREIGN RIGHT TO ITS OWN IMMIGRATION POLICY
“Today’s order from the Ninth Circuit doesn’t change anything on the ground,” Rayfield said in a released statement. “While it keeps the Oregon National Guard under federal status, most importantly, [it] prevents the President from deploying the guard in Portland. That means no unnecessary federal escalation – and that’s a win for Oregonians who want calm, not conflict in our communities.”
Thursday morning’s hearing should provide legal clarity on Trump’s authority to use the National Guard in Portland.
