The U.S. 9th Circuit Court of Appeals cleared the way Monday for President Donald Trump to mobilize the National Guard to protect federal buildings in Portland. 

A three-judge panel ruled 2-1 to reverse a federal district court ruling that prevented Trump from deploying National Guard troops in the state. The ruling allows the deployment to continue while the case moves forward in the courts. 

The majority of the panel agreed with the Trump administration that the threat from protesters to federal facilities could not be addressed by existing law enforcement.

“Considering the totality of the circumstances, there is a colorable basis for the president’s determination that he is unable with regular forces to execute the laws of the United States,” the majority opinion says.

Protesters have targeted the Portland Immigration and Customs Enforcement facility and law enforcement for months. In June, police arrested 10 protesters outside the facility for charges that included second-degree arson, assault of a public safety officer, harassment, and resisting arrest. Earlier that month, police arrested three anti-ICE protesters, two for alleged reckless burning and one for allegedly assaulting an officer.

In a demonstration in early October, anti-ICE protestors stormed the facility and allegedly assaulted law-enforcement officers. One officer was reportedly hospitalized. Police made six arrests.  

Police also made three arrests during a protest on Oct. 18, including charging one person for allegedly assaulting and harassing ICE agents.

The court majority determined the Trump administration is likely to ultimately prevail in the case. Federal law allows the president in certain circumstances to federalize National Guard troops who are usually under the purview of governors. 

“The statute delegates the authority to make that determination [to mobilize troops] to the president and does not limit the facts and circumstances that the president may consider in doing so,” Judges Ryan Nelson and Bridget Bade, both Trump appointees, wrote in the majority opinion. 

Judge Susan Graber, a President Bill Clinton appointee, dissented. 

A similar case is playing out in Illinois over the president’s deployment of troops in Chicago. 

The state of Oregon could appeal for a hearing before the full 9th Circuit or directly to the Supreme Court. It has argued the deployment is part of a nationwide campaign to assimilate the military into civilian law enforcement.

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