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Trump Wins Legal Battle to Send Federal Troops to Portland

Christine Bowen's profile
Original Story by Wave News
October 23, 2025
Trump Wins Legal Battle to Send Federal Troops to Portland

The Trump administration is celebrating after a Monday court ruling that paves the way for the deployment of troops into Portland. Here is the latest on this monumental ruling and what it means for Oregon and beyond.

Court Rules Trump Can Deploy Federal Troops to Oregon

The Ninth Circuit Court of Appeals ruled 2 - 1 that President Donald Trump lawfully exercised his statutory authority when he ordered the deployment of the Oregon National Guard into Portland. The federal appeals court ruling effectively overturned a previous ruling by a lower court that banned the deployment. Trump had appointed the two judges who overturned the lower court ruling.

People participate in the Naked Bike Ride protest near a U.S. Immigration and Customs Enforcement facility on Sunday, Oct. 12, 2025, in Portland, Ore. (AP Photo/Thomas Boyd)
Credit: People participate in the Naked Bike Ride protest near a U.S. Immigration and Customs Enforcement facility on Sunday, Oct. 12, 2025, in Portland, Ore. (AP Photo/Thomas Boyd)

The White House continues to assert that the deployment is needed to fight crime in Democrat-led cities across the U.S. However, local and state leaders in Portland and Oregon claim that the deployment of troops is a disproportionate response to the ongoing protests against Trump's immigration enforcement crackdown.

Despite the recent ruling, the troops are not allowed to be deployed immediately. This is because the ruling only overruled one of the two decisions by the lower courts. The second decision is still in place, keeping the court battles at the forefront.

Oregon Gov. Tina Kotek said that she is "troubled" by the court decision. Kotek empathized with the National Guard troops who have been pulled from their families and are currently in a holding pattern. The governor addressed the media on Monday, saying that it is unclear when the troops will be deployed should the courts revoke the second temporary restraining order. Kotek said that she has not received communication from the White House about these details.

What Comes Next?

It is still unknown if Portland or Oregon will appeal the decision. The lone dissenting vote came from Judge Susan P. Graber, a former President Bill Clinton appointee. Graber called the decision "absurd," saying that it "erodes core constitutional principles." Oregon Attorney General Dan Rayfield issued a statement, agreeing with Graber's dissenting opinion. In his statement, Rayfield urged the Ninth Circuit to throw out the majority ruling using the process known as "en banc" review. This legal avenue gives the case to a larger panel comprised of 11 appellate judges.

Oregon Attorney General Dan Rayfield | Youtube / KOIN 6
Credit: Oregon Attorney General Dan Rayfield | Youtube / KOIN 6

A Ninth Circuit judge echoed Rayfield's opinion on Monday, requesting that the court vote on if the case should be reheard through the en banc protocols. Legal teams for the state and the White House have until midnight on Wednesday to present their arguments on the matter.

The Trump administration continues to paint Portland as a "war-ravaged" city. However, Gov. Kotek and city officials have disputed these claims, citing the peaceful nature of the ongoing protests. The protests erupted in June as demonstrators spoke out against Trump's immigration policies.

What Monday's Ruling Means for Other States

Legal experts are also weighing in on what Monday's ruling could mean for other states and cities facing similar issues. The decision came on the same day that leaders in Illinois and Chicago requested that the U.S. Supreme Court block the Trump administration's emergency request to maintain a National Guard presence in this part of the country.

The filing argues that there is no need to execute federal law in Illinois, asserting that the White House has not met the legal requirements that are necessary to activate the deployment of troops. Local officials maintain that the authorities in Chicago have been able to keep the peace at the protest scene at an ICE facility in the suburb of Broadview. The legal filing also claims that the federal government is acting in opposition to the Constitution by pressuring Illinois to use its own National Guard troops or allow federal troops to patrol the city.

A protester wears a chicken costume during the nationwide "No Kings" protest against the authoritarian policies of President Trump in Portland, Ore. on October 18, 2025. (Alex Milan Tracy / Sipa USA) (Sipa via AP Images)
Credit: A protester wears a chicken costume during the nationwide "No Kings" protest against the authoritarian policies of President Trump in Portland, Ore. on October 18, 2025. (Alex Milan Tracy / Sipa USA) (Sipa via AP Images)

While there is currently a temporary restraining order in place that is blocking the troop deployment in Chicago, this order is scheduled to expire on Thursday. Trump has asked the Supreme Court to overturn this ruling so that he can send National Guard troops to the city.

All of this news comes as Trump recently threatened to send the National Guard to San Francisco. The president told Fox News' Maria Bartiromo on Sunday that the troops are going to San Francisco "to make it great."

California officials have acted swiftly in response to Trump's threats. San Francisco Mayor Daniel Lurie released a video message saying that federal troops will not be helpful as the city continues to fight drug dealing, including initiatives to get fentanyl off the streets.

California Gov. Gavin Newsom posted on social media that Trump will ruin San Francisco if he deploys the troops.

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