President Donald Trump may deploy the Oregon National Guard into Portland, despite objections by local officials, a federal appeals court said Monday.
A divided three-judge panel on the 9th Circuit Court of Appeals ruled in favor of the administration, claiming Trump “lawfully exercised his statutory authority” when he attempted to deploy the Guard to the city amid anti-immigration raid protests.
On the panel, two Trump-appointed judges agreed the administration relied on evidence that fell “‘within a range of honest judgement’” to determine the National Guard was needed to execute the laws of the United States.
In September, Trump attempted to federalize 200 members of the Oregon National Guard to protect federal agents that he sent into the city, claiming Portland was “war ravaged” and “under siege from attack by Antifa.” Trump has often made Portland, a progressive city with a long history of protests, the target of insults and threats.
State and local officials have disputed Trump’s characterization of Portland.
A district court judge sided with those officials earlier this month, when she temporarily halted the administration's deployment of the National Guard.
The district court judge stated that the president did not have a legitimate argument for deploying the Oregon National Guard, citing that the protests were “generally peaceful” with occasional confrontations between civilians and federal law enforcement. The judge said local law enforcement was equipped to handle those small incidents.
But lawyers for the government argued to the 9th Circuit judges that the guard was necessary because protests in Portland have gone on for months with occasional civil disobedience that local enforcement cannot control.
They cited several incidents throughout the summer, including some where protesters “threw rocks and sticks” at an ICE facility guard shack, “attempted to set a U.S. flag on fire in the driveway of the ICE facility,” and one “shot officers with a paintball gun.”
Ultimately, two of the three judges on the 9th Circuit agreed with the administration.
“Even if the President may exaggerate the extent of the problem on social media, this does not change that other facts provide a colorable basis to support the statutory requirements,” the judges wrote.
Trump has continuously invoked a rarely-used presidential power that allows the president to take control of a state’s National Guard in the event of an invasion, a rebellion against the government or when the president cannot execute laws with regular force.
Over the summer, he sent the California National Guard to Los Angeles amid anti-immigration raid protests. However, a federal judge later determined the administration violated the Posse Comitatus Act, which prevents the military from being used for domestic law enforcement.
Trump has also sent the National Guard to Chicago, against the wishes of state and local officials for similar reasons. A legal battle over the matter has been escalated to the Supreme Court.
The president deployed National Guard members in Washington, D.C., as well. However, Trump has more authority over the D.C. National Guard than other states due to jurisdiction.
National Guard troops are expected to be deployed elsewhere around the U.S. as Trump seeks to impose his deportation agenda and crackdown on crime in other cities.
Monday’s ruling is likely not the last word on the matter. Oregon or Portland could appeal the decision to the Supreme Court or ask an 11-judge panel on the 9th Circuit to review the three-judge panel’s decision.
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