Ninth Circuit grills Oregon in Trump Portland Guard case; panel signals skepticism
At a Thursday hearing the Ninth Circuit sharply questioned Oregon’s challenge to the Trump administration’s bid to federalize roughly 200 National Guard troops for Portland, probing whether Oregon’s legal standard would unduly constrain presidential authority and signaling skepticism while DOJ lawyers argued the president can invoke a “rebellion” statute to protect federal assets. U.S. District Judge Karin J. Immergut had issued a temporary restraining order finding the federalization “untethered to the facts,” governors ordered troops demobilized, the Pentagon said no Guard members were on mission in Portland, federal agents remained around the ICE facility, and the appeals court heard arguments but issued no immediate ruling.
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📌 Key Facts
- U.S. District Judge Karin J. Immergut (Trump nominee, confirmed 2019) issued a temporary restraining order blocking the federalization and deployment of Oregon National Guard troops to Portland, saying the President’s determination was “simply untethered to the facts”; the TRO was connected to a Sept. 28 memorandum (signed by Pete Hegseth) calling 200 Oregon Guard members into federal service for 60 days.
- The administration appealed and the Ninth Circuit heard roughly 90 minutes of oral argument Thursday before a three‑judge panel (two Trump appointees, one Clinton appointee); panelists—including Judge Ryan D. Nelson and Judge Susan P. Graber—pressed Oregon’s lawyers and signaled skepticism, but the court issued no immediate ruling from the bench.
- Department of Justice lawyers (including Eric D. McArthur) argued the President may federalize the Guard under the statutory “rebellion” provision and that courts should not second‑guess the Executive’s assessment, citing long‑standing precedents such as McCulloch v. Maryland and In re Neagle and invoking Take Care/Supremacy Clause authority to protect federal officers.
- The administration justified the planned deployments by citing ongoing violence and threats at Portland’s ICE facility and an “active threat”; DHS Secretary Kristi Noem visited the ICE site (was filmed praying with officers on the roof), publicly defended protecting federal assets and reportedly threatened to increase federal agents in Portland.
- On the ground, video and reporting show federal agents in tactical gear (marked DHS and U.S. Border Patrol) detaining protesters and deploying tear gas near the ICE facility shortly after the initial restraining order; federal protective agencies (FPS, CBP, BOP) were observed at the site, while other reports described the protests as small (fewer than 30) and largely sedate.
- Guard status and troop movements remain unsettled: the Pentagon said Oregon Guard members remain in Title 10 status but that “there are no Oregon National Guard members on mission in or around the Portland area”; Gov. Tina Kotek ordered immediate demobilization of 200 Oregon Guard at Camp Rilea and the return of 200 California Guard staged at Camp Withycombe, while an appellate order temporarily kept the Guard under federal control but expressly prohibited deployment to Portland during the litigation.
- Political and local responses are divided: 24 Democrat‑led states filed a brief supporting Oregon and California’s challenge; some Portland business owners submitted declarations supporting Oregon’s lawsuit (or publicly backed a Guard presence citing crime concerns); Portland’s mayor reopened streets near the ICE building and offered to acquire the federal lease, and Seattle’s mayor issued an executive order to preserve police independence and create reporting for alleged abuses by soldiers or federal agents.
📚 Contextual Background
- U.S. Immigration and Customs Enforcement (ICE) is the federal agency responsible for apprehending and detaining people suspected of being undocumented immigrants in the United States.
📰 Sources (13)
Long-held SCOTUS precedents could undercut Portland, Chicago National Guard lawsuits
New information:
- DOJ lawyer Eric McArthur argued the President can federalize the Guard under a 'rebellion' statute and that courts cannot second‑guess that assessment.
- Government cited ongoing violence and threats at Portland’s ICE facility as justification for deploying about 200 National Guard soldiers.
- Article details the administration’s reliance on McCulloch v. Maryland (Supremacy Clause) and In re Neagle (Take Care Clause authority to protect federal officers) to defend deployments.
Where has Trump suggested sending troops? In cities run by Democratic mayors
New information:
- NPR reiterates Judge Karin J. Immergut’s broader order blocking any Guard deployment to Oregon and describes the protests as 'fewer than 30 people' and 'largely sedate.'
- Notes the Ninth Circuit held a hearing on Thursday but issued no ruling from the bench.
'Untethered from reality': Lawyers for Trump, Oregon, spar over National Guard deployment in court clash
New information:
- Oral arguments lasted roughly 90 minutes before a three‑judge panel composed of two Trump appointees and one Clinton appointee.
- Judge Ryan D. Nelson sharply questioned Oregon AAG Stacy Chaffin, including a remark comparing Oregon’s standard to one that would constrain even President Lincoln.
- Oregon argued Trump’s portrayal of Portland unrest was “untethered from reality” and did not meet a statutory “rebellion” threshold.
- DOJ attorney Eric D. McArthur argued Portland presents an “active threat,” satisfying both ‘rebellion’ and the government’s inability to execute laws without the Guard.
- Judge Susan P. Graber probed whether the administration could rely on violent incidents that post‑dated the initial authorization.
What to know about Trump’s National Guard deployments in Chicago and Portland
New information:
- Twenty‑four Democrat‑led states signed a brief supporting California and Oregon’s challenge to deploying Guard troops in Portland.
- The 9th Circuit scheduled oral arguments for Thursday on the government’s bid to overcome the lower‑court block.
- Seattle Mayor Bruce Harrell signed an executive order affirming police independence and creating a system to report alleged abuses by soldiers and federal agents.
- Troops have not yet been deployed to Portland.
Here is the latest.
New information:
- The Ninth Circuit will hear arguments at noon ET on lifting the temporary ban on deploying Oregon National Guard troops in Portland.
- Background affirmed: Judge Karin Immergut found the administration failed to show conditions justified federalizing Oregon’s Guard.
- Portland Mayor Keith Wilson reopened streets near the ICE building after DHS Secretary Kristi Noem’s visit and offered to buy or take over the federal lease for the facility.
- President Trump called Portland demonstrators 'insurrectionists.'
Anxiety grows in Portland amid Trump's effort to send in National Guard
New information:
- Federal appeals court temporarily granted the White House request to keep 200 Oregon National Guard troops under federal control while litigation proceeds.
- The same appellate order specifies Guard troops are still prohibited from deploying to Portland during the case.
- Sequence of weekend rulings: a Saturday TRO blocked federalization/deployment of Oregon Guard; a Sunday order also blocked deployment of out‑of‑state Guard to Oregon as the Pentagon eyed sending 200 California Guard.
- Local business owners filed declarations supporting Oregon’s lawsuit, citing harm from federal rhetoric and planned deployments.
A Chicago federal grand jury deals the latest setback to Trump’s immigration enforcement efforts.
New information:
- The Oregon case is set for a Thursday noon ET hearing while the administration appeals Judge Karin Immergut’s ruling to the Ninth Circuit.
- DHS Secretary Kristi Noem told Fox News she threatened to quadruple federal agents in Portland if local police did not provide more security, despite prior 'low energy' protest assessments.
- Troops from Oregon and California are assembled near Portland, but hearings will determine whether they can deploy.
Portland’s ICE office is already federally protected. So why is the National Guard needed?
New information:
- On‑the‑record interview with Chris Hayes, assistant director for field operations at the Federal Protective Service, describing daily confrontations and FPS’s role protecting the Portland ICE facility
- On‑the‑ground observations that FPS, Customs and Border Protection and Federal Bureau of Prisons personnel were present, agents stood on the roof, a conference room had blackened windows, and reporters observed two apparent detentions outside the gate
- Contextual reporting framing a policy question: the Monitor contrasts FPS’s statutory mission with the administration’s push to deploy National Guard troops and cites the temporary restraining order by Judge Karin Immergut blocking the Guard
Noem prays with ICE officers during Portland visit as Oregon governor orders troops home
New information:
- DHS Secretary Kristi Noem visited the Portland ICE facility and was filmed praying over officers while on the building roof.
- Noem met with Oregon Gov. Tina Kotek at the Portland airport prior to the site visit.
- Gov. Tina Kotek directed U.S. Northern Command to immediately demobilize Oregon’s 200 National Guard members staged at Camp Rilea and ordered the return of 200 California National Guard members staged at Camp Withycombe.
- Kotek cited Judge Karin J. Immergut’s expanded temporary restraining order as the legal basis for directing troops home and included an on‑record quote urging humane treatment of the Guard members.
Portland business owners plead for help as Trump pushes to keep troops in city
New information:
- Named local business owners (Amy Nichols of a business with 10 break‑ins; Loretta Guzman of Bison Coffeehouse) publicly supporting federal/National Guard presence.
- Specific local anecdote: Guzman recounts her nephew being shot, an alleged 911 nonresponse during the incident, and that the nephew later died.
- Quote-level detail showing some Portland small‑business owners view National Guard presence as potentially beneficial to public safety and to bring attention to persistent crime.
Who is the Trump-appointed judge blocking deployment of National Guard to Portland?
New information:
- Identifies the blocking judge as U.S. District Judge Karin J. Immergut and provides nomination/confirmation details (Trump nominee, Senate voice‑vote confirmation 2019).
- Biographical background: Immmergut served as a line prosecutor for Independent Counsel Ken Starr and participated in debriefings and grand‑jury questioning of Monica Lewinsky.
- Quotes from her opinion: includes the phrase 'The President’s determination was simply untethered to the facts.'
- Connects the TRO to the defendants’ September 28, 2025 memorandum (signed by Pete Hegseth) calling 200 Oregon National Guard members into federal service for 60 days.
Federal agents in Portland deploy tear gas, make arrests minutes after judge blocks National Guard
New information:
- Video footage shows federal agents in tactical gear (marked DHS and U.S. Border Patrol) detaining protesters and deploying tear gas late Sunday, described as occurring minutes after Judge Karin Immergut's restraining order.
- Pentagon told Fox News Digital that while Oregon National Guard members remain under T10 status, 'there are no Oregon National Guard members on mission in or around the Portland area.'
- White House spokeswoman Abigail Jackson issued a statement defending the president's authority to protect federal assets and saying the administration expects the Supreme Court to overturn the restraining order.