On October 20th, the 9th Circuit Court of Appeals overturned a temporary restraining order that prevented President Trump from deploying the National Guard to defend federal personnel and facilities in Portland. President Trump first attempted to deploy the National Guard in September after violent Antifa riots disrupted immigration enforcement and endangered federal ICE agents. 

Earlier that month, a federal district court granted the first temporary restraining order. The court concluded that the President lacked a legitimate basis for deploying the National Guard. 

The Trump administration appealed to the 9th Circuit, which ruled that the lower court had discounted the violence of Portland riots, and that President Trump was within his statutory rights to mobilize National Guard troops to aid local and state authorities. 

This decision comes on the heels of a string of violent protests and attacks across the country, including a shooting at an ICE facility in Dallas which resulted in the death of a detainee and the injury of two others. Portland’s riots caused extensive property damage and disrupted ICE operations.  

President Trump has a duty to protect the safety of federal agents and ensure they can conduct deportation operations. By lifting the restraining order, the court correctly reaffirmed the President’s constitutional authority to enforce federal law. 

In a similar case, the 7th Circuit decided to keep a temporary restraining order in place.  The 7th Circuit’s decision is currently before the Supreme Court on an expedited basis.  Look for an order from SCOTUS soon.   

Landmark Legal Foundation will closely monitor this issue and continue our efforts to defend the rule of law and support the President’s constitutional duty to secure our borders.