A divided U.S. appeals court ruled on Monday that President Donald Trump can deploy National Guard troops to Portland, Oregon. This decision comes despite opposition from local and state leaders and marks a significant legal win for the Republican president as he sends military forces to various Democratic-led cities.

The ruling was made by a three-judge panel of the 9th U.S. Circuit Court of Appeals. They granted the Justice Department's request to pause a previous order from U.S. District Judge Karin Immergut, who had blocked the deployment while a legal challenge was underway. Immergut, appointed by Trump, had determined on October 4 that the president likely acted unlawfully in his order to send troops to Portland. One judge dissented, while the other two supported Trump's position.

Immergut's ruling had prevented any National Guard troops from being sent to Portland until at least the end of October. She has scheduled a non-jury trial for October 29 to decide whether to impose a longer-term block on the deployment.

Trump's use of the National Guard has raised concerns among Democratic-led states and cities, which have filed lawsuits to stop the deployments. They argue that Trump's actions violate federal laws governing military use and infringe on states' rights under the 10th Amendment of the U.S. Constitution. The lawsuits claim that Trump exaggerated the severity of protests against his immigration policies to justify taking control of state National Guard units.

On September 27, Trump ordered 200 National Guard troops to Portland, continuing his administration's controversial use of military personnel in U.S. cities to manage protests and enhance domestic immigration enforcement. He described Portland as "war-ravaged" and stated, "I am also authorizing Full Force, if necessary."

However, police records indicate that protests in Portland have been relatively small and peaceful, with only 25 arrests reported in mid-June and none in the three and a half months since.

The Posse Comitatus Act generally restricts the military's involvement in domestic law enforcement. Trump has cited Section 12406 of Title 10 of the U.S. Code, which allows a president to deploy state National Guard forces to repel invasions, suppress rebellions, or enforce laws.

The 9th Circuit panel included two judges appointed by Trump and one appointed by former President Bill Clinton. During the October 9 arguments, the Trump-appointed judges suggested that Immergut had focused too much on recent protests without considering earlier, more serious protests. Circuit Judge Ryan Nelson remarked that courts should not conduct a "day by day" assessment of troop necessity.

Immergut had previously ruled against the administration on October 4 and 5, stating that Trump could not take over Oregon's National Guard and could not bypass that ruling by calling in troops from other states. She noted that there was no evidence that recent protests in Portland constituted a rebellion or significantly disrupted law enforcement, calling Trump's description of the city as war-ravaged "simply untethered to the facts."

No district court judge has ruled in favor of Trump regarding the National Guard deployments, and appeals courts have shown mixed responses. The 9th Circuit has previously supported Trump's troop deployments in California, while the 7th Circuit has ruled against sending troops to Chicago for the time being.