Appeals court lets 200 Oregon Guard remain federalized but bars Portland deployment pending case
A federal appeals court temporarily allowed the White House to keep 200 Oregon National Guard members in federal status while litigation proceeds but barred their deployment to Portland — and similarly blocked bringing in out‑of‑state Guard forces — after U.S. District Judge Karin J. Immergut issued an expanded temporary restraining order challenging the administration’s Sept. 28 memo calling the troops into federal service. Over the weekend Gov. Tina Kotek ordered the Oregon troops home, federal agents were filmed using tear gas and making arrests near the Portland ICE facility, DHS and Pentagon officials defended federal protections, and a Ninth Circuit hearing is set for Thursday at noon ET.
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đź“Ś Key Facts
- A federal appeals court temporarily allowed the administration to keep 200 Oregon National Guard troops federalized (Title 10) while litigation proceeds but barred those troops from deploying to Portland pending the case; the matter is scheduled for a Thursday noon ET hearing in the Ninth Circuit.
- Weekend court actions began with a Saturday temporary restraining order that blocked federalization/deployment of the Oregon Guard and a Sunday order that also blocked deployment of out‑of‑state Guard to Oregon as the Pentagon considered sending 200 California Guard.
- The Pentagon said the Oregon Guard members remain under T10 status but that "there are no Oregon National Guard members on mission in or around the Portland area;" troops from Oregon and California were assembled near Portland but their deployment is restricted by the courts.
- U.S. District Judge Karin J. Immergut (a Trump nominee confirmed in 2019) issued the TRO, criticized the administration’s determination as "untethered to the facts," and the order is connected to a Sept. 28 memorandum (signed by Pete Hegseth) calling 200 Oregon Guard members into federal service for 60 days.
- Video and eyewitness reporting show federal agents marked DHS and U.S. Border Patrol in tactical gear detaining protesters and deploying tear gas late Sunday — described as occurring minutes after Judge Immergut’s restraining order; DHS Secretary Kristi Noem later visited the Portland ICE facility and was filmed praying with officers.
- Oregon Gov. Tina Kotek directed the immediate demobilization and return of the 200 Oregon Guard at Camp Rilea and ordered the return of 200 California Guard members staged at Camp Withycombe, citing Judge Immergut’s expanded TRO and urging humane treatment of Guard members.
- Local business owners filed declarations supporting Oregon’s lawsuit and some publicly urged a federal/National Guard presence to address persistent crime (including personal anecdotes of violence and property loss), while reporting noted that the Federal Protective Service, CBP and other federal agencies already protect the Portland ICE office, raising questions about the Guard’s necessity.
- The White House defended the president’s authority to protect federal assets and said it expects the Supreme Court to overturn the restraining order; reporting also says DHS Secretary Noem told Fox News she threatened to quadruple federal agents in Portland if local police did not increase security.
đź“° Sources (8)
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.