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9th Circuit Dismisses Trump Appeal, Ending Guard Deployment Dispute in Portland

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  • The Mark O. Hatfield U.S. Courthouse federal courthouse in Portland, Ore.
    The Mark O. Hatfield U.S. Courthouse federal courthouse in Portland, Ore.
    Image: King5 (Seattle, WA)
    The Mark O. Hatfield U.S. Courthouse federal courthouse in Portland, Ore. (Credit: Jenny Kane, AP Photo) Source Full size

Federal Courts Reject Administration’s Attempt to Deploy Guard The U.S. Court of Appeals for the 9th Circuit dismissed the Trump administration’s appeal on February 18, 2026, upholding Judge Karin Immergut’s permanent injunction that barred any National Guard deployment to Portland [1]. The court rejected the request to overturn the injunction, concluding the administration failed to show credible evidence of widespread violence or serious injuries to federal personnel [1]. This decision effectively ends the legal battle over the federal effort to send Guard troops into the city [1].

Judge Immergut’s Injunction Bars All Guard Deployments Judge Immergut’s order prohibited not only Oregon National Guard units but also any out‑of‑state Guard forces, including a later attempt to bring California Guard troops into Oregon [1]. The injunction was based on the finding that protests had not escalated into the “war‑ravaged” conditions the administration claimed [1]. Subsequent court actions reinforced the ban, preventing any further federalized Guard involvement in Portland [1].

Trump’s Claim of ‘War‑Ravaged’ Portland Prompted Federalization Order President Trump announced he would federalize 200 Oregon National Guard members, alleging the ICE detention facility was under siege by “Antifa and other domestic terrorists” [1]. Oregon sued, arguing the order exceeded presidential authority and was unsupported by evidence [1]. The administration’s appeal sought to reverse the injunction, but the 9th Circuit’s dismissal halted that effort [1].

Governor Kotek Confirms Guard Troops Sent Home After Demobilization Oregon Governor Tina Kotek confirmed that U.S. Northern Command ordered the remaining Oregon Guard troops to return home after they were demobilized at Fort Bliss, Texas [1]. The troops had been stationed there following the failed deployment attempt [1]. Kotek hailed the court’s decision as a “win for Oregon” and noted all Guard members are now back in the state [1].

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Timeline

1957 – President Dwight Eisenhower invokes the Insurrection Act to federalize the Arkansas National Guard and enforce school integration at Little Rock Central High, establishing a precedent for federal troop deployment in civil‑rights crises[5].

1992 – President George H.W. Bush activates the Insurrection Act during the Los Angeles riots after the Rodney King verdict, marking the Act’s most recent use before the 2020s and shaping contemporary debates over domestic military authority[5].

Summer 2025 – Trump’s administration deploys over 2,000 National Guard members to Washington, D.C., expanding the force after a Nov 26 shooting of two Guard members near the White House, citing the need to protect federal property[18].

Sept. 27, 2025 – About 100 Oregon National Guard soldiers are federalized under Title 10 for a planned deployment to Portland and other Democratic‑led cities, later halted by court injunctions[24].

Nov 20, 2025 – U.S. District Judge Jia Cobb orders the Trump administration to withdraw National Guard troops from Washington, D.C., finding the deployment “likely unlawful” and infringing on the district’s self‑governance[9].

Dec 4, 2025 – The D.C. Circuit Court of Appeals issues a temporary stay on Judge Cobb’s removal order, allowing Guard troops to remain in the capital while the case proceeds[9].

Dec 4, 2025 – The same appellate court lifts the injunction that required Guard withdrawal, granting the administration an administrative stay to keep the troops in D.C. pending further orders[18].

Dec 10, 2025 – U.S. District Judge Charles Breyer orders the federalization of California’s National Guard in Los Angeles to end, directing troops return to state control; the order is paused until Dec 15 for appeal purposes[3][8].

Dec 15, 2025 – Judge Breyer’s order takes effect, mandating the return of California Guard members to Governor Gavin Newsom’s authority after the administration fails to prove an emergency justifying continued federal control[3].

Dec 17, 2025 – The D.C. Circuit unanimously pauses a district‑court order to pull several thousand Guard members from Washington, D.C., permitting their continued presence at least through late February and noting the “profound disruption” that removal would cause[7].

Dec 23, 2025 – The Supreme Court denies an emergency request to lift a lower‑court injunction blocking the deployment of National Guard troops to Chicago for immigration‑enforcement purposes, with Justices Alito, Thomas and Gorsuch dissenting; Justice Kavanaugh warns the ruling could affect future crises[14][15].

Dec 24, 2025 – In a separate emergency order, the Court blocks Trump’s nationwide attempt to use Section 12406(3) to federalize Guard units, finding he did not meet statutory requirements; Justice Brett Kavanaugh notes the decision does not address the president’s Insurrection Act authority[5][13].

Dec 24, 2025 – Legal scholar John Yoo warns the ruling may force the president to call regular armed forces, such as the 82nd Airborne, to protect federal facilities, echoing past uses of the Insurrection Act[11].

Dec 31, 2025 – President Trump announces on Truth Social the immediate withdrawal of National Guard units from Chicago, Los Angeles and Portland, claiming the deployments “greatly reduced crime” and stating the Guard “will return, perhaps in a much different and stronger form, when crime rises again”[1][19]. Governor Gavin Newsom calls the move an end to an “illegal intimidation tactic,” while Chicago Mayor Brandon Johnson welcomes the check on presidential overreach[1].

Jan 1, 2026 – The administration confirms the Guard pull‑out and notes a separate deployment to New Orleans remains in place for New Year’s Eve security, following a 2025 Bourbon Street attack that killed 14 people[4].

Jan 17, 2026 – The remaining ~100 Oregon National Guard soldiers complete demobilization after federal courts block their deployment, returning home via Fort Bliss, Texas, and are welcomed by Governor Tina Kotek, who frames the return as a “win for the rule of law”[24].

Feb 18, 2026 – Oregon Attorney General Dan Rayfield declares a “win for Oregon” after the 9th Circuit Court of Appeals dismisses the Trump administration’s appeal, permanently upholding Judge Immergut’s injunction that barred any Guard deployment to Portland[23].

Feb 2026 (Mardi Gras, Feb 13) – Approximately 350 National Guard troops continue to operate in New Orleans’ French Quarter through Mardi Gras, supporting local police under the endorsement of the state’s Republican governor and the city’s Democratic mayor[19].

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