Trump administration files appeal after federal judge blocks, deployment of Oregon National Guard troops to Portland

President Donald Trump's filing to the 9th US Circuit Court of Appeals comes in the wake of US District Judge Karin Immergut granting the state of Oregon a temporary restraining order halting the federalization of 200 Oregon guardsmen to protect federal buildings in Portland, in particular, the Immigration and Customs Enforcement (ICE) facility, where nearby protests have been held in recent weeks.

The temporary restraining order expires on Oct. 18, with all parties ordered to comply with the ruling. A hearing is scheduled for Oct. 17 to determine whether the temporary restraining order should be extended for another 14 days.

Any motion for a preliminary injunction is to be filed no later than Oct. 17, with a hearing on both a preliminary injunction motion and trial scheduled for Oct. 29 before Immergut.

Trump is also deploying nearly 300 California National Guard troops to Oregon and an additional 400 Texas National Guard members to Illinois, Oregon, and other states.

More than 100 California National Guard troops were already deployed to Oregon on Saturday and Sunday, with another 200 reportedly preparing to follow.

California Governor Gavin Newsom immediately responded to Trump's move to send 300 of his state's guardsmen to Oregon, who were previously federalized by the president during protests in Los Angeles, by announcing a lawsuit against the administration.

"We're suing Donald Trump," Newsom wrote on X. "His deployment of the California National Guard to Oregon isn't about crime. It's about power."

"He is using our military as political pawns to build up his own ego," he added. "It's appalling. It's un-American. And it must stop."

He said Oregon, California, and the city of Portland have filed legal action to block the “unlawful deployment” of California National Guard troops to Oregon.

US Defense Secretary Pete Hegseth has ordered the federalization of 400 Texas National Guard troops to Oregon and Illinois for an initial period of 60 days to "perform federal protection missions where needed, including in the cities of Portland and Chicago," according to a government document.

"This action appears to (be) intentional to circumvent yesterday's ruling by a federal judge," Oregon Governor Tina Kotek said in a statement Sunday, referring to Immergut's decision Saturday to temporarily block the federalization of 200 Oregon National Guard members to Portland.

"There is no need for military intervention in Oregon. There is no insurrection in Portland. No threat to national security," said Kotek. "Oregon is our home, not a military target."

At the appeals hearing, the three governments will ask the court to block the federal government’s "illegal deployment."

"We must now start calling this what it is: Trump’s Invasion," Illinois Governor JB Pritzker said through the US social media company X. "It started with federal agents, it will soon include deploying federalized members of the Illinois National Guard against our wishes, and it will now involve sending in another state’s military troops."

Pritzker also urged Texas Governor Greg Abbott to withdraw support for the move and to refuse coordination.

"There is no reason a President should send military troops into a sovereign state without their knowledge, consent or cooperation," said Pritzker, adding that the National Guard must not be used as "political props" and that the American people should "speak up and help stop this madness."

Legal and political experts said Trump was bypassing Immergut's decision by using federalized guardsmen from California and Texas to carry out his original agenda.

The White House released a statement confirming the deployment.

"President Trump exercised his lawful authority to protect federal assets and personnel in Portland following violent riots and attacks on law enforcement," said spokesperson Abigail Jackson.

Newsom also called the president's action "a breathtaking abuse of the law and power."

"The Trump administration is unapologetically attacking the rule of law itself and putting into action their dangerous words -- ignoring court orders and treating judges, even those appointed by the president himself (Immergut), as political opponents."

"The commander-in-chief is using the US military as a political weapon against American citizens," Newsom continued. "We will take this fight to court, but the public cannot stay silent in the face of such reckless and authoritarian conduct by the president of the United States."