Appeals Court Rules President Trump Acted Lawfully In Federalizing Oregon’s National Guard To Protect Federal Officers & Property

Tuesday, October 21, 2025, 10:50 A.M. ET. 3 Minute Read, By Jennifer Hodges, Political Editor: Englebrook Independent News,

PORTLAND, OR.- In a major victory for the Trump administration, the Ninth Circuit Court of Appeals ruled that President Donald J. Trump likely acted within his lawful authority under Title 10 of the U.S. Code when he federalized members of the Oregon National Guard to safeguard federal law-enforcement officers and facilities in Portland.

     The court’s majority opinion, authored by Judges Ryan D. Nelson and Bridget S. Bade, both Trump appointees, reversed a district-court order blocking the federalization move, finding that the President’s directive met statutory requirements under 10 U.S.C. § 12406(3). The ruling clears the way for the federal government to assume command of up to 200 Oregon Guard members for a 60-day mission focused on protecting federal property, particularly the Immigration & Customs Enforcement facility in South Portland’s Immigration & Customs Enforcement Building.

     Judge Susan P. Graber dissented, cautioning that the majority’s decision “erodes state sovereignty and expands executive power in unprecedented ways.”

Key Findings;

• The panel held that the President’s memorandum demonstrated a “colorable basis” for action after local and state officials failed to ensure protection of federal assets.
• One of two temporary restraining orders (TROs) issued by U.S. District Judge Karin J. Immergut was lifted; the second, blocking actual deployment, remains in effect pending further proceedings.
• The court underscored that federal authority may be exercised when a state “cannot or will not enforce the laws of the United States.”
• The Justice Department signaled plans to seek complete dissolution of the remaining TRO.

Broader Implications;

     Supporters of President Trump hailed the decision as an affirmation of federal authority and executive duty to act decisively when state or local leaders fail to protect federal personnel or facilities. The ruling clarifies that the President does not need to secure state consent to federalize Guard units in emergencies threatening federal property.

     Legal analysts note that the Ninth Circuit’s decision could serve as a blueprint for future interventions in cities where federal sites are at risk, potentially including other jurisdictions that have resisted cooperation with federal agencies.

     For Oregon and local officials, the ruling represents a significant setback, signaling judicial backing for federal intervention when state measures prove ineffective.

Next Steps;

     The case may be reconsidered by the full Ninth Circuit through an en banc review. Until then, the court’s opinion stands as a substantial precedent reinforcing executive flexibility in deploying federal resources to preserve law and order around federal properties.

     The Ninth Circuit’s ruling stands as a clear vindication of President Trump’s authority to act in defense of federal interests, setting a precedent for a stronger federal posture in protecting national assets and personnel amid civil unrest.

Editor’s Note:

This article is based on publicly available court documents and credible news sources, including Reuters, AP News, and official Ninth Circuit filings as of October 20, 2025. Subsequent legal motions or appeals may alter the implementation of the court’s decision.