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Trump Appeals Portland Guard Ban as California Moves to Reclaim Control of Its Troops

The dispute centers on 10 U.S.C. §12406, testing the threshold for using federalized Guard units.

Overview

  • President Trump’s administration filed an appeal of U.S. District Judge Karin Immergut’s permanent injunction that bars deploying any state’s National Guard to Oregon.
  • Immergut’s ruling found the statutory conditions unmet in Portland, and the Ninth Circuit has ordered that Guard troops not be deployed while appeals proceed.
  • California Attorney General Rob Bonta and Governor Gavin Newsom filed a renewed motion in the Northern District of California to end the federalization of the California National Guard and return the force to state control.
  • The district case in California restarted after a Ninth Circuit decision clarified the trial court’s jurisdiction over extension orders, with state filings arguing there is no current lawful basis for continued deployment.
  • Key legal questions include the meaning of “regular forces” under 10 U.S.C. §12406, with the U.S. Supreme Court seeking additional briefing in the related Illinois case that could guide the pending appeals.