Appeals court allows Trump's deployment of National Guard in Portland

The 9th U.S. Circuit Court of Appeals paused a lower court's order that had barred the deployment while the state's challenge makes its way through the courts.

A federal appeals court ruling Monday will allow the Trump administration to send National Guard troops into Oregon against the state's wishes, hitting pause on a lower court's order that had barred the deployment.

"After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority," the panel of 9th U.S. Circuit Court of Appeals judges wrote in a 2-1 ruling.

Justice Department attorneys had argued in a court filing that U.S. District Judge Karin J. Immergut's ruling temporarily halting the deployment “improperly impinges on the Commander in Chief’s supervision of military operations, countermands a military directive to officers in the field, and endangers federal personnel and property.”

Hundreds of cyclists strip down for anti-ICE protests in Portland01:05Immergut, a Trump nominee, said in her order that it appeared Trump was acting in bad faith with exaggerated claims of violence in the city, including that it was “war ravaged” with “ICE Facilities under siege from attack by Antifa” and “crazy people” who “try to burn down buildings, including federal buildings” every night.

"The President’s determination was simply untethered to the facts," Immergut wrote.