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- By Paige Miller
- 10 Sep 2026
The federal appeals court has maintained a prohibition on deploying national guard in the Oregon city, after a recent court ruling.
The ninth circuit court of appeals ruled on this week that it would rehear the case concerning the president’s authority with an expanded panel of 11 judges. The judicial body also overturned a previous ruling from a three-judge panel that had sided with the federal government.
This order represents the latest development in a long-running legal battle over whether the former president has the authority and valid reason to send national guard forces in Portland. Approximately 200 federalized guard members have been in limbo since late September when the deployment effort was started in response to months of protests.
The administration has argued that federal officials at the immigration center in south Portland were facing threats, while local authorities assert that municipal police have control of the situation.
Contrary to characterizations of the city as a conflict zone, locals have been sharing footage of lush hiking trails and a thriving food scene, and organizing activities such as an protest bicycle event against the “militarization of our city”.
The appeals court decision came after a US district judge in Portland issued two legal injunctions this period – one blocking the federal control of the state troops, and another prohibiting the use of any national guard troops in Oregon, after attempts to circumvent the first order by calling up out-of-state forces.
On the previous day, the ninth circuit panel had temporarily suspended the initial decision – allowing command of state troops – but the subsequent injunction stayed effective, blocking the physical sending of the troops.
The Tuesday decision means the matter will be heard “en banc” – with all decisions under review simultaneously – by a group of 11 judges.
“This ruling demonstrates that the truth matters and that the judicial system are working to ensure government responsibility. The founding document limits the executive authority, and Oregon’s communities cannot be treated as a testing site for unchecked federal authority,” stated the state attorney general in a official comment.
“The court is sending a definite signal: the executive leader cannot send the armed forces into American urban areas unnecessarily. We will continue defending Oregon’s laws, principles, and sovereignty as this case progresses and our legal battle continues in the courts.”
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