Appeals court allows Trump to deploy National Guard to Portland

A US appeals court has ruled that President Donald Trump can deploy National Guard troops Portland, Oregon, despite objections from local officials.

The court granted a request from the US Justice Department to halt a judge's earlier order, which had blocked the deployment during a legal challenge.

But it is unclear when troops might actually deploy, as the court's decision addresses only one of two orders previously issued by that judge.

Portland is one of several mostly Democratic-led cities into which Trump has ordered National Guard troops, as part of a crackdown on what he describes as rampant crime. Other affected cities include Washington DC and Los Angeles.

Oregon Governor Tina Kotek said in a statement to US media that National Guard troops could not yet be deployed until a district court ruled on another order.

When she ruled against the Trump administration earlier this month, US District Court Judge Karen Immergut issued two temporary restraining orders. One of these blocked Trump from mobilising the Oregon National Guard so it could be sent to Portland, while another, broader order stopped him from sending in any troops from any state to Oregon. Trump had tried to send forces from California and Texas.

The Justice Department appealed against the first of these, and on Monday, the Ninth US Circuit Court of Appeals ruled in its favour.

But the second order remains in place. The Trump administration has argued that it was unnecessary to also appeal this because the same legal reasoning applied. On Monday, the 9th Circuit judges also said the two orders "rise or fall together".

• Oregon sues Trump administration over plans to deploy troops

Prosecutors for the Justice Department have argued that troops are needed in Portland to calm continued protests outside an Immigration and Customs Enforcement (ICE) facility, which have at times led to violent clashes between federal agents and protesters.

Monday's 2-1 ruling - by a three-judge panel on the Ninth Circuit Court of Appeals - said Trump's plan to deploy the troops for 60 days was a "measured response".

Two of the judges who ruled in favour of Trump had been nominated by him, while the judge that dissented was nominated by Democratic former President Bill Clinton.

The White House said in response to the ruling: "As we have always maintained, President Trump is exercising his lawful authority to protect federal assets and personnel following violent riots that local leaders have refused to address."

It added that the ruling "reaffirms that the lower court's ruling was unlawful and incorrect".

Oregon Attorney General Dan Rayfield said the decision would give "the president unilateral power to put Oregon soldiers on our streets with almost no justification".

"We are on a dangerous path in America," he said.

He also urged judges to join together to vote "to vacate the majority's order before the illegal deployment of troops under false pretenses can occur".