9th Circuit rules Trump can activate National Guard to protect ICE in Portland

By Carleen Johnson
The Center Square

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit on Monday overturned a temporary restraining order issued by a federal judge in Portland, Ore., removing a judicial obstruction that was preventing the Trump administration from sending Oregon National Guard troops to Portland.

“President [Donald] Trump’s September 28 deployment falls within the history and tradition of the early Militia Acts. Individuals within a group of about 200 people have engaged in violent activity in opposition to a single set of laws that carry out federal immigration enforcement. Rather than try to enact political change through the ballot box, they have assaulted the federal officers in Portland who enforce those laws and other Americans who disagree with them on the wisdom of those laws,” wrote the panel in its 93-page ruling.

The ruling comes in the wake of Trump authorizing the deployment of National Guard troops to American cities including Los Angeles, Washington D.C., and Chicago to protect the work of U.S. Immigration and Customs Enforcement agents, who have been under attack in some cities.

“They tried to burn down a federal building and forced that building to close for three weeks. And sadly, regular federal law enforcement cannot on their own contain the situation. State and local officials have also made clear that they do not support the enforcement of federal immigration law, further impeding the enforcement of federal law,” noted the opinion.

As reported on Sept. 29 by The Center Square, the Trump administration called up 200 members of the Oregon National Guard after describing Portland as “war ravaged” and under the attack of Antifa.

Oregon Governor Tina Kotek and Portland Mayor Keith Wilson issued a statement Monday in response to the 9th Circuit ruling in support of Trump’s decision to call up the Oregon National Guard.

Gov. Kotek’s statement read in part:

“Oregon remains united in the fight against this unwanted, unneeded military intervention in Oregon. We will continue to show up for our neighbors, make our voices heard, and use our collective power to protect communities and our democracy.”

Mayor Wilson’s statement read in part:

“We will not stand by while federal agencies sidestep local authority. Our legal team, working with the Oregon Department of Justice, will use every lawful tool to prevent this overreach. I call on federal decision-makers to stop these deployments, honor local governance, and partner with us on real public-safety solutions that respect civil rights and protect our community.”