Appeals court pauses Oregon Guard troop withdrawal
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Protests in front of South Portland's ICE facility have dwindled. Photo: Sean Bascom/Anadolu via Getty Images
An appellate court put a halt on Gov. Tina Kotek's plans to send home federally activated Oregon National Guard troops this week, instead keeping half of them federalized and under President Trump's control for now.
Why it matters: The move prolongs uncertainty for troops — and Portlanders — who've spent more than 50 days in limbo, all while the city and state continue to battle the legality of the Trump administration's actions in the courtroom.
Catch up quick: After a three-day trial earlier this month, a federal district court judge issued a permanent injunction barring troop deployments to Portland aimed at protecting federal agents and property as protests outside the U.S. Immigration and Customs Enforcement facility continue.
- In the ruling, U.S. District Court Judge Karin Immergut ordered all federalized troops to return to state command by Friday, Nov. 21.
- On Wednesday, Kotek announced all remaining troops could "demobilize" by the end of the week.
Yes, but: The 9th Circuit Court of Appeals froze that deadline in a separate ruling an hour later that same day.
- It also merged the administration's appeal with an earlier one filed by Oregon, California and the city of Portland, sending the combined case to a larger en banc panel of judges.
What they're saying: Oregon Attorney General Dan Rayfield said "the most important effect" to come out of the 9th Circuit's decision is that troops still can't be deployed in Portland.
- "We appreciate that the court is proceeding carefully and thoughtfully in this case," Rayfield said.
The latest: One hundred Oregon National Guard troops have already been sent to Texas to demobilize from the federal mission, which includes administrative tasks such as determining pay and mental health screenings.
- Meanwhile, the other half "remain activated" in Portland, according to the U.S. Northern Command's website, but are not engaging in "operational activities."
- Kotek called the situation "frustrating" and once again demanded Trump to send remaining troops home "on behalf of their families, their employers and the taxpayers footing the bill."
What's next: The 9th Circuit said it will wait to hear the outcome of a similar case in front of the U.S. Supreme Court related to Trump's National Guard troop deployment in Chicago before hearing the Oregon case.