Oregon National Guard Deployment Challenge

A pro-democracy lawsuit challenging President Trump’s deployment of the Oregon National Guard to Portland.

Background

The state of Oregon and city of Portland filed a federal lawsuit challenging President Donald Trump and Secretary of Defense Pete Hegseth’s deployment of the Oregon National Guard to Portland in response to largely peaceful protests outside Immigration Customs Enforcement (ICE) facilities. Oregon asserts the Trump administration has “trampled” on constitutional principles to federalize members of the state’s National Guard to participate in civilian law enforcement. The lawsuit alleges the Trump administration acted outside of its authority under Title 10 and the Posse Comitatus Act, and violated the U.S. Constitution and Administrative Procedures Act. Oregon seeks to block the federalization and deployment of its National Guard in Portland.

Why It Matters

President Trump’s deployment of the Oregon National Guard to Portland marks the administration’s second attempt to expand Title 10 federal power and test the limits of presidential authority. Trump said he was deploying troops “to protect War ravaged Portland, and any of our ICE facilities under siege from attack by Antifa, and other domestic terrorists,” despite local law enforcement successfully managing largely low-turnout peaceful protests outside the Portland facility for months. The Trump administration is continuing its threats to send National Guard troops to other Democratic-run cities, including Baltimore, New Orleans, New York City, San Francisco, and Oakland, CA.

Latest Updates

• Week of June 1, 2026: The Ninth Circuit will hold an en banc hearing of the consolidated appeals of the Oct. 4 temporary restraining order and the Nov. 7 permanent injunction blocking National Guard troops from deploying within the state. Specific date and time are forthcoming.
• Jan. 27, 2026: The Trump administration filed a motion to dismiss their appeal in the Ninth Circuit.
• Dec. 31, 2025: Trump announced he is ending federalizations of National Guard troops within the state.
• Nov. 19, 2025: The 9th Circuit has paused proceedings in the Trump administration’s consolidated appeal of the temporary restraining order and permanent injunction until the Supreme Court rules on the government’s stay application in Trump v. Illinois.
• Nov. 18, 2025: Plaintiffs filed a motion to consolidate both defendants’ appeals on the temporary restraining order and permanent injunction for en banc review.
• Nov. 16, 2025: The Trump administration asked the Ninth Circuit to pause the district court’s order pending appeal.
• Nov. 14, 2025: The Trump administration appealed the district court’s permanent injunction blocking the federalization of the Oregon National Guard.
• Nov. 7, 2025: The district court granted a permanent injunction blocking Trump’s orders to federalize the Oregon National Guard indefinitely.
• Nov. 3, 2025: The Trump administration moved to dismiss their appeal of the first temporary restraining order pending before the Ninth Circuit in response to the district court’s Nov. 2 preliminary injunction.
• Nov. 2, 2025: The district court granted a preliminary injunction in favor of plaintiffs, blocking the federalization and deployment of any National Guard troops within the state. The court will issue its permanent injunction and full opinion by Nov. 7.
• Oct. 30, 2025: The Ninth Circuit will pause the first temporary restraining order pending the rehearing en banc. This means the Oregon National Guard troops may remain federalized, but may not be deployed.
• Oct. 29-31, 2025: The district court will hold a trial on plaintiffs’ 10 U.S.C. 12406 and Tenth Amendment claims.
• Oct. 28, 2025: The Ninth Circuit will rehear the case en banc. The Oct. 20 order is now vacated, and the both of the district court’s temporary restraining orders remain in effect.
• Oct. 24, 2025: The Ninth Circuit paused its Oct. 20 order pending deliberation of whether to rehear the case en banc. The district court heard arguments on whether to dissolve, or stay, the second temporary restraining order in light of the Ninth Circuit’s Oct. 20 order to pause the first temporary restraining order pending appeal.
• Oct. 23, 2025: Plaintiffs asked the Ninth Circuit panel to vacate or withdraw their Oct. 20 order in light of evidence that the Trump administration provided false data on the number of federal officers deployed to Portland.
• Oct. 20, 2025: The Ninth Circuit paused the district court’s first temporary restraining order. A Ninth Circuit judge sua sponte requested a vote on whether the case should be reheard en banc. Defendants’ filed a motion in the district court to dissolve the second temporary restraining order in light of the Ninth Circuit’s ruling.
• Oct. 15, 2025: The district court will extend both temporary restraining orders another 14 days upon their expiration on Oct. 4 and Oct. 5, respectively.
• Oct. 10, 2025: The Ninth Circuit will temporarily allow the Trump administration to keep National Guard troops federalized, but blocked any deployment of those troops within Oregon.
• Oct. 9, 2025: The Ninth Circuit will hear oral arguments on defendants’ appeal of the temporary restraining order.
• Oct. 8, 2025: The Ninth Circuit granted defendants’ request for an administrative pause of the district court’s first temporary restraining order, finding doing so would not change the “status quo” as the second temporary restraining order was more expansive to prohibit any National Guard deployments in Oregon.
• Oct. 5, 2025: The court granted plaintiffs’ second motion for temporary restraining order seeking to block out-of-state National Guard troops being deployed to Portland. Defendants’ file their emergency motion to stay the first temporary restraining order in the Ninth Circuit.
• Oct. 4, 2025: The court granted plaintiffs’ motion for temporary restraining order. Defendants’ appealed to the Ninth Circuit.
• Oct. 3, 2025: The court held oral arguments on plaintiffs’ motion for temporary restraining order.
• Sept. 29, 2025: Plaintiffs filed a motion for a temporary restraining order. The court held a scheduling conference and set a hearing for plaintiffs’ motion for temporary restraining order for Oct. 3.
• Sept. 28, 2025: Oregon filed their complaint.