Trump administration seeks to dissolve remaining order blocking National Guard deployment in Portland
The Trump administration has filed a motion to dissolve the remaining order preventing them from deploying National Guard troops to Portland, Oregon.
Monday’s filing came after the Ninth Circuit Court of Appeals earlier that day vacated another temporary restraining order that prevented the Trump administration from deploying the Oregon National Guard to Portland. A panel of judges concluded that the Trump administration was likely to succeed on the merits of his challenge to the TRO.
A broader order prohibiting any state’s National Guard from deploying to Portland remains in effect.
Law enforcement officers speak with protesters outside a U.S. Immigration and Customs Enforcement (ICE) facility in Portland, Oregon, on October 20, 2025.
Jenny Kane/AP
The government referenced the appeals court’s decision in its filing Monday, stating, “Given the Ninth Circuit’s clear statements on the validity of the second TRO, the Court should address this motion in part today and without awaiting plaintiffs’ response expected tomorrow afternoon.”
The Ninth Circuit’s decision “clearly justifies dissolving this Court’s second TRO,” the government’s motion states.
Oregon Attorney General Dan Rayfield condemned Monday’s ruling, saying the Ninth Circuit panel of judges “has decided not to hold the president accountable” and urged the “full Ninth Circuit to overturn today’s decision before illegal deployments can occur.”
“Portland is peaceful. The military has no place on our streets,” he said in a statement. “We will continue to hold the line and fight for Oregon’s sovereignty.”
Meanwhile, Attorney General Pam Bondi welcomed the ruling, saying the appeals court found that the president “has the right to deploy the National Guard to Portland, Oregon, where local leaders have failed to keep their citizens safe.”
People protest outside a U.S. Immigration and Customs Enforcement facility in Portland, Oregon, on October 20, 2025.
Jenny Kane/AP
Adding to ongoing legal challenges between Oregon and the Trump administration, the state on Tuesday asked a court to block the federal government from sending National Guard members from other states to Portland.
State attorneys said the court’s earlier stay of a separate restraining order is not final because an en banc vote has been called, meaning the full court can review the matter.
In late September, President Donald Trump issued an order federalizing 200 members of the Oregon National Guard to protect federal property. amid ongoing protests at an ICE facility in Portland, despite objections from local officials.
After the city of Portland and the state of Oregon sued, U.S. District Judge Karin Immergut earlier this month barred the deployment of the Oregon National Guard to the Portland area, finding that conditions in Portland “were not significantly violent or disruptive” to justify a federal takeover of the National Guard, and that the president’s claims about the city “were simply not tied to the facts”.
The Ninth Circuit’s ruling on Monday, which lifted Immergut’s TRO, concluded that the Trump administration was likely to succeed on the merits of its appeal of Immergut’s ruling.
“After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his legal authority” to federalize the National Guard, the court stated in the majority opinion.
Immergut issued a second TRO following the Trump administration’s attempt to deploy members of the California National Guard to Portland.
The government seeks to dissolve that TRO or “at a minimum” maintain or suspend the order until it expires on Nov. 2, according to the motion filed Monday.
The city of Portland and the state of Oregon have not yet filed a response to the government’s motion, according to the online filing.
The trial in the matter is scheduled to begin on October 29.
