A divided three-judge panel of the US Court of Appeals for the 9th Circuit agreed to lift the lower court’s order blocking the use of the Oregon National Guard.
A US appeals court has ruled that the Trump administration can deploy Oregon Natioanl Guard troops to Portland. This comes after a district court judge blocked the administration from deploying both Oregon and other states’ National Guards to Portland to help protect the ICE facility there that has seen nightly unrest since June.
A divided three-judge panel of the US Court of Appeals for the 9th Circuit agreed to lift the lower court’s order blocking the use of the Oregon National Guard, per CBS News.
The judges wrote in their descision, "After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when 'the President is unable with the regular forces to execute the laws of the United States."
The ruling cited multiple violent events outside the ICE facility, including fire being set to objects, federal officers being assaulted, and the building being damaged. Ahead of the judge's ruling, rioters over the weekend attacked federal agents outside the city’s ICE facility. At least three people were arrested. One suspect was charged with assault and harassment, another with assault, and a third with a bias crime and harassment.
The order also said that there has been a "lack of support" from the Portland Police Bureau, saying that the Federal Protective Service has had to "rely almost exclusively on ICE and SRT for assistance in preventing violent protesters from attacking officers and the facility in which they work."
In late September, Trump wrote, "At the request of Secretary of Homeland Security, Kristi Noem, I am directing Secretary of War, Pete Hegseth, to provide all necessary Troops to protect War ravaged Portland, and any of our ICE Facilities under siege from attack by Antifa, and other domestic terrorists. I am also authorizing Full Force, if necessary. Thank you for your attention to this matter!"
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