In a move that does not change the situation in Portland, the Ninth Circuit Court of Appeals has temporarily lifted a lower court order blocking the deployment of Oregon National Guard troops to the city.
However, a broader order prohibiting any state’s National Guard from deploying to Portland remains in effect.
Federal agents stand guard near a U.S. Immigration and Customs Enforcement facility in Portland, Oregon, on Oct. 6, 2025.
Ethan Swope/AP
The administrative stay only applies to U.S. District Judge Karin Immergut’s Saturday order prohibiting the deployment of the Oregon National Guard to the Portland area. The Ninth Circuit did not consider the strength of either party’s legal arguments and only issued a stay to minimize the damage while the court deliberates.
Immergut’s broader order from Sunday night, prohibiting any state’s National Guard from entering Portland, remains in effect. The Trump administration has not formally appealed or challenged Sunday’s order.
“Under the present circumstances, granting an administrative stay will be the best way to preserve the status quo. Prior to the October 4 temporary restraining order, members of the Oregon National Guard had been federalized but not deployed,” the court wrote.
The Ninth Circuit will hear oral arguments for a stay pending appeal on Thursday.
During a rare late-night hearing Sunday, Immergut said she was “concerned” by the Trump administration’s attempt to circumvent its earlier court order banning the deployment of the Oregon National Guard to Portland.
His order Saturday concluded 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.”
