The Ninth Circuit Court of Appeals has temporarily lifted a lower court order blocking the deployment of Oregon National Guard troops to Portland, while a broader ban on any state’s National Guard entering the city remains in place.
The administrative stay applies only to U.S. District Judge Karin Immergut’s Saturday ruling, which had halted Oregon’s deployment. The court did not assess either side’s arguments, stating the move preserves the status quo as it deliberates.
Immergut’s wider order from Sunday night still prohibits National Guard forces from any state entering Portland. “The administrative stay will best preserve the status quo,” the Ninth Circuit wrote, noting Oregon troops had been federalized but not deployed before the initial order.
Immergut, in her earlier ruling, found Portland was “not significantly violent or disruptive” to justify federal intervention and said the president’s claims were “simply untethered to the facts.” The appeals court will hear arguments Thursday on whether to extend the stay.
