The 9th U.S. Circuit Court of Appeals sided with President Donald Trump on Monday in his legal battle to deploy troops to “war-torn” Portland, making it more likely that National Guard members will arrive in Oregon’s largest city.
But when and whether that will happen, and what Guard members might do if they do arrive, is still unknown.
Here’s what we know as of Tuesday morning.
Appeals court sides with Trump, saying he deserves ‘deference’
A federal appeals court ruled Monday that President Donald Trump can maintain federal control over the Oregon National Guard and deploy troops to Portland until the case is fully decided by the courts.
But lawyers for the state and the city will argue for reconsideration of the ruling by a larger contingent of the 9th U.S. Circuit Court of Appeals.
The majority of the three-judge panel found that the president is due significant deference and that his decision to mobilize 200 Oregon National Guard members for 60 days to Portland was a “measured response.”
Huge uncertainty about when or if troops might arrive
The deployment of Guard troops could, at least in theory, come within days, based on discussions among lawyers and a judge in federal court.
Members of the Oregon and California National Guard are said to be stationed and waiting at one or two Oregon military training centers. They could conceivably arrive within hours of Trump winning another plea before a federal judge or the wider 9th Circuit.
But the reality is, it’s unclear when or if troops will arrive or what would happen if they do.
Officials have said 200 Oregon National Guard troops plus more from the California National Guard are stationed just a short distance from Portland. Camp Rilea, on the Oregon coast, is less than a two-hour drive. Driving to South Portland from Camp Withycombe, in Happy Valley, takes just 30 minutes.
Pro-Trump appeals court ruling didn’t amp up protests
The now-routine evening protest outside the Portland ICE headquarters remained low-key Monday evening, with no visible or audible signs that the appeals court’s pro-Trump ruling changed turnout or tactics.
Four people in frog costumes stood among the fewer than 75 protesters. Anti-ICE protesters shouted critiques, but the noise level mostly only rose above legal limits when passing cars honked in support.
The number of federal officers visibly guarding the U.S. Immigration and Customs Enforcement compound was smaller than normal as darkness fell, with just four posted on the roof. Most federal officers who stepped into the street to make sure ICE vehicles could come and go were unmasked.
As of 8:00 p.m., they deployed no munitions or gasses. And most mainstream media journalists and counter-protesters left the scene early.
Not much changed as the evening wore on. Portland police said they made no arrests late Monday or early Tuesday.
A few people who joined Monday’s protests showed detailed knowledge of the 2-1 9th Circuit Court of Appeals decision and prior lower court rulings.
Jared Anderson-Bussiere was one of them. The Portland father said he had been “yelling at the TV for months, alone, feeling very afraid.” But he said he took part in Saturday’s massive “No Kings” protest and felt empowered to come out again Monday evening, carrying his sign reading, “We are not the enemy.”
“When the news came down that the 9th Circuit said the National Guard could be deployed after the first court said what the Trump administration was saying was ‘untethered to reality,’ I am having a hard time squaring that,” he said.
What we’re watching for today
The Trump administration, the state of Oregon and the city of Portland all have asked federal judges to look further into the facts, laws and constitutional provisions governing whether the president can in fact deploy troops to Portland.
Our expert court reporter Maxine Bernstein and others in our newsroom are watching for developments.
U.S. District Judge Karin J. Immergut has been asked to dissolve or put on hold her second, broader temporary restraining order barring National Guard troops from any state to come to Portland, but she said she would allow attorneys for Portland and Oregon 24 hours to make their case in a filed brief before doing so.
Attorneys for the Trump administration have asked her to forgo the 24-hour hold, given the 9th Circuit ruling undermining her rationale for the broader restraining order.
Meanwhile, a 9th Circuit judge Monday asked for a vote by the 29 active circuit judges on whether a broader swath of the court should review the split 2 to 1 ruling just three of their colleagues made Monday. He directed parties to the case to file briefs before midnight on Wednesday on whether that vote should occur.
©2025 Advance Local Media LLC. Visit oregonlive.com. Distributed by Tribune Content Agency, LLC.
