Appeals court removes block on Trump deploying National Guard troops to Portland
Earlier this month, U.S. District Court Judge Karin Immergut blocked President Donald Trump from deploying National Guard troops to Portland.
However, an appeals court just handed the president a major win by reversing Immergut's decision.
"It is likely that the President lawfully exercised his statutory authority"
According to Breitbart, that move came on Monday in the form of a dividing ruling from the United States Court of Appeals for the Ninth Circuit.
Breitbart noted how National Guard troops are being sent to help protect federal buildings and ICE agents, both of which have been plagued with violent demonstrations.
That rationale was rejected by Immergut, who said the president was "untethered to reality" and accused him of "blurring the line between civil and military federal power — to the detriment of this nation."
Yet a majority of the Ninth Circuit's judges rejected her contention, concluding that Trump was acting within the confines of federal law.
"After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when 'the President is unable with the regular forces to execute the laws of the United States,'" the majority wrote in their decision.
White House appeals to Supreme Court over Chicago order
That decision came just days after a unanimous three-judge panel on the 7th U.S. Circuit Court of Appeals upheld a similar district court injunction which blocked the use of National Guard troops in Chicago.
Fox News reported that Solicitor General D. John Sauer responded by filing a petition seeking emergency relief from the Supreme Court last week.
Sauer alleged that the district court's decision "intrudes on the president’s authority and needlessly puts federal personnel and property at risk."
He also pointed to the "disturbing and recurring pattern" ICE agents being met with "prolonged, coordinated, violent resistance that threatens their lives and safety and systematically interferes with their ability to enforce federal law."
Sauer highlights "tepid support from local forces"
"Federal agents are forced to desperately scramble to protect themselves and federal property, allocating resources away from their law enforcement mission to conduct protective operations instead," Sauer stressed.
Trump admin makes Supreme Court plea for National Guard in Chicago after judge denies 'rebellion' concern https://t.co/HzWPSusySr
— Fox News Politics (@foxnewspolitics) October 18, 2025
"Receiving tepid support from local forces, they are often left to fend for themselves in the face of violent, hostile mobs," the solicitor general added.