On October 8, 2025, a federal appeals court ruled that 200 Oregon National Guard troops can remain under federal control but cannot be deployed to Portland, Oregon, as legal battles continue over their use. The decision, issued by a three-judge panel from the U.S. Court of Appeals for the Ninth Circuit, temporarily maintains the status quo while the court prepares for oral arguments scheduled for October 9 at 9 a.m.
The ruling comes amid a contentious dispute between the state of Oregon, the city of Portland, and the Trump administration. The conflict centers on protests against immigration enforcement near a U.S. Immigration and Customs Enforcement (ICE) facility in Portland, which have been ongoing for months. The Trump administration has described these protests as violent and destructive, justifying the need for federal intervention. However, Oregon officials and Portland argue that the demonstrations are mostly small and manageable by local police.
Background of the Dispute
On September 27, 2025, President Trump announced via social media his intent to deploy Oregon National Guard troops to Portland. The state and city quickly filed lawsuits to block this move. On October 4, U.S. District Judge Karin Immergut issued a temporary restraining order preventing the federalization and deployment of the Oregon National Guard. A second order on October 5 expanded this restriction, barring any federalized National Guard troops—whether from Oregon, California, or Texas—from being sent to Portland. These troops were being staged at Camp Rilea near Astoria, Oregon.
The appeals court’s ruling on October 8 put a hold on Immergut’s first order, allowing the 200 Oregon National Guard members to remain under federal control. However, the second order, which prevents their deployment to Portland, remains in place. The judges emphasized that their decision “does not constitute in any way a decision as to the merits” of the case but simply preserves the current situation.
Key Players and Statements
The three-judge panel consisted of Senior Circuit Judge Susan Graber, appointed by former President Bill Clinton, and Judges Ryan Nelson and Bridget Bade, both appointed by President Trump. Graber has a long history in Oregon, having served on the Oregon Court of Appeals and the Oregon Supreme Court.
Oregon Attorney General Dan Rayfield, a Democrat, praised the ruling, stating, “Today’s order from the Ninth Circuit doesn’t change anything on the ground. While it keeps the Oregon National Guard under federal status, most importantly, it prevents the President from deploying the guard in Portland. That’s a win for Oregonians who want calm, not conflict in our communities.”
Governor Tina Kotek, who attempted to send the troops home on October 7, urged Oregonians to remain peaceful. “Oregon is our home, not a military target,” she said. “I ask that Oregonians who want to speak out do so peacefully. I will keep holding the line against President Trump’s abuse of power and stand up for Oregonians.”
U.S. Senator Ron Wyden also weighed in, saying, “Oregon keeps beating Trump in court because the streets of Portland are peaceful. Every person in Portland is responsible for these victories.”
Ongoing Legal Battles
The appeals court will hear arguments on October 9 to determine whether the temporary restraining order blocking the deployment of federalized National Guard troops should be lifted. Meanwhile, the second restraining order, which prevents any federalized troops from entering Portland, is set to expire on October 19. Hearings to potentially extend this order are scheduled for October 17, with a more comprehensive hearing on October 29.
Governor Kotek has also raised concerns about the financial cost of the federalization, estimating that deploying the Oregon National Guard for 60 days could cost up to $10 million in federal funds. She wrote a letter to General Gregory Guillot, commander of U.S. Northern Command, calling for the demobilization of the troops, describing their mission as “illegal.”
Implications for Oregon
The 200 Oregon National Guard members, drawn from units in Salem and Woodburn trained in crowd control, have been stationed at Camp Rilea since September 30. While they remain under federal control, the current court orders ensure they cannot be deployed to Portland, preventing what state officials describe as an unnecessary escalation.
As the legal proceedings continue, Oregon officials and residents are focused on maintaining peace and avoiding federal intervention in local matters. The outcome of the upcoming hearings will likely shape the next steps in this ongoing conflict between state and federal authorities.