National Guard troops remain federalized, still blocked from deploying to Portland

PORTLAND, Ore. (KOIN) — The Immigration and Customs Enforcement facility in South Portland no longer has its surrounding streets taped off on Wednesday, one day after a visit from Department of Homeland Security Secretary Kristi Noem.

However, there is still uncertainty in the air as a court decides the validity of the Trump administration’s bid to send National Guard troops into Oregon.

Two hundred members of the Oregon National Guard can remain federalized, according to an order from the Ninth Circuit Court of Appeals on Wednesday, granting an administrative stay.

After Secretary of War Pete Hegseth authorized the federalization and deployment of Oregon National Guard troops to Portland, a judge temporarily blocked the deployment on Saturday. The Trump administration filed an appeal late that night.

A separate hearing is still scheduled for Thursday for the court to hear the case, but in the meantime, Wednesday’s administrative stay means that troops are still blocked from deploying.

“An administrative stay is intended to ‘minimize harm while an appellate court deliberates,’ and lasts ‘no longer than necessary to make an intelligent decision on the motion for stay pending appeal,'” as explained in court documents obtained by KOIN 6 News.

The three-judge panel wrote in their order that the administrative stay was granted to preserve the status quo, and that prior to the Oct. 4 temporary restraining order, the Oregon National Guard had been federalized but not yet deployed.

They also said the stay “does not constitute in any way a decision as to the merits of the motion for a stay pending appeal.”

If the court rules in favor of the administration — and the state doesn’t fight that ruling — then legally, the troops could deploy immediately

The three judges — two of which are Trump appointees and another who was appointed by former President Bill Clinton — will hear arguments from both sides. The court could rule with the state, deciding that Judge Immergut’s restraining order is appropriate, or could say they are not deciding on the case completely but the restraining order isn’t warranted.

“In which case the case goes back to Judge Immergut, but the president would be allowed to nationalize and deploy the troops,” said Tung Yin, a law professor at Lewis and Clark Law School. “Even though at the end of the process, it might be determined that, ‘Hey, you shouldn’t be able to do that, and you can’t do that anymore.’”

On Tuesday night, there was a relatively small group of protesters who gathered behind the yellow tape two blocks east of the ICE facility on South Bancroft Street. Portland police arrested three people in the area throughout the day, on various charges. Oregon State Police troopers also appeared on the street later in the evening.

On Wednesday night, a small group of protesters reclaimed their post outside the ICE facility after the Portland police removed their caution tape in the late afternoon.

Ruby Kastravas and her daughter, Angela Rivera, were among the small group of anti-ICE protesters who returned to the federal facility. They told KOIN 6 News they believe the recent influx of federal attention has made things worse in the area.

“I think that, for the most part, things down here are fine. Things are uneventful. The Portland police do what they need to be doing in terms of coming down here for incidents,” Kastrava said.

Gov. Tina Kotek said it is important that the restraining order issued by the court be upheld to keep the Trump Administration from using military intervention in Portland.

“The facts on the ground have not changed,” Kotek said. “There is no need for military intervention in Oregon. There is no insurrection in Portland. No threat to national security. Oregon is our home, not a military target. I ask that Oregonians who want to speak out do so peacefully. I will keep holding the line against President Trump’s abuse of power and stand up for Oregonians.” 

Oregon AG Dan Rayfield said the stay order of the appeals court does not change anything on the ground.

“While it keeps the Oregon National Guard under federal status, most importantly, it prevents the President from deploying the guard in Portland,” Rayfield said. “That means no unnecessary federal escalation – and that’s a win for Oregonians who want calm, not conflict in our communities.”

Portland Mayor Keith Wilson also issued the following statement:

“As I’ve said from the beginning, the number of troops needed in Portland is zero. Our local police are focused on protecting Portlanders’ right to protest peacefully and keeping our community safe. Portland is our home, not a military target. We will not allow federal intimidation to replace community‑led public safety solutions.”

Oral arguments in the case will be heard by the court of appeals on Thursday, beginning at 9 a.m. Yin said we could get a decision as early as tomorrow morning, though it’s not very likely. Rather, he said there’s a good chance a ruling comes sometime on Friday.

Stay with KOIN 6 News for updates.