(Los Angeles) An appeals court ruled Monday that Donald Trump had the power to deploy the National Guard in Portland, a Democratic city in the west of the United States, while the case is judged on the merits.
The court judges “that it is probable that the President lawfully exercised his statutory authority” by planning to send soldiers from this army reserve corps there.
She thus returns to the decision of a trial judge blocking this deployment in this Oregon city that Mr. Trump described as “ravaged by war”, an analysis totally rejected by local authorities.
The Republican billionaire announced at the end of September his intention to send 200 soldiers to the city. A very controversial measure, already implemented in Los Angeles, Washington, Memphis and which his administration is also trying to use in Chicago.
In Portland, numerous demonstrations have taken place in recent months to challenge the president’s migration policy, around an immigration police (ICE) building.
During these rallies, some demonstrators are disguised as unicorns or frogs and the police have sometimes used tear gas to disperse the crowds.
PHOTO JOHN RUDOFF, REUTERS ARCHIVES
A law enforcement officer pushes a protester over a bicycle in front of ICE headquarters in Portland, October 12, 2025.
These unrest are largely manageable by local law enforcement, according to Oregon Governor Tina Kotek, who has joint authority with the president over her state’s National Guard and has never found it necessary to use these soldiers.
“These actions to deploy troops constitute a gross abuse of power and contrary to American values,” the Democrat reacted Monday in a press release.
A judge initially agreed with him, temporarily blocking the sending of troops, because there was no “danger of rebellion”.
“Execute the laws”
But in its decision rendered Monday, two of the three judges of the court of appeal believe that Mr. Trump is within his rights. Not because there would be a rebellion, but because the president can call on the National Guard when he “is unable with the regular forces to execute the laws of the United States.”
This framework, they say, applies to rallies around the ICE building in Portland, where demonstrators interfere with the work of immigration enforcement.
An opinion contested “vehemently” by the third judge of the court, Susan Graber, who warned of a dangerous judgment for the entire United States.
“Today’s decision is not simply absurd,” she said in a dissenting opinion, recalling the incongruity of considering Portland a “war zone” when demonstrators are wearing “chicken costumes.”
“It erodes fundamental constitutional principles,” she added. Namely, “the sovereign control of states over their militias and the First Amendment rights of citizens to assemble and oppose government policies and actions.” »
At this point, the actual deployment of troops to Portland remains uncertain. Oregon Attorney General Dan Rayfield demanded Monday that the court reconsider its decision in a new hearing, with more judges to rule.
“Today’s decision, if upheld, would give the president unilateral authority to deploy Oregon soldiers on our streets with almost no justification,” he said in a statement. “We are on a dangerous path in America. »
Army reservists, National Guardsmen are trained to respond to natural disaster situations, but they can also fight abroad.
In the cities where they have been deployed so far, they are mainly used to protect federal buildings and immigration enforcement agents during their raids. But the American left fears that these soldiers will be used for law enforcement missions, and used directly against the population.
At the end of September, Donald Trump suggested to American generals and admirals that certain “dangerous cities” could serve as “training grounds” for the army.
