Associated Press

PORTLAND, Ore. — An appeals court on Monday put on hold a lower court ruling that kept President Donald Trump from taking command of 200 Oregon National Guard troops. However, Trump is still barred from actually deploying those troops, at least for now.

U.S. District Judge Karin Immergut issued two temporary restraining orders early this month — one that prohibited Trump from calling up the troops so he could send them to Portland, and another that prohibited him from sending any National Guard members to Oregon at all, after the president tried to evade the first order by deploying California troops instead.

The Justice Department appealed the first order, and in a 2-1 ruling Monday, a panel from the 9th U.S. Circuit Court of Appeals sided with the administration. The majority said the president was likely to succeed on his claim that he had the authority to federalize the troops based on a determination he was unable to enforce the laws without them.

However, Immergut’s second order remains in effect, so no troops may immediately be deployed.

The administration has said that because the legal reasoning underpinning both temporary restraining orders was the same, and soon after the ruling Monday it asked Immergut to immediately dissolve her second order, which would allow Trump to deploy troops to Portland. The Justice Department argued that it is not the role of the courts to second-guess the president’s determination about when to deploy troops.

“The Ninth Circuit’s decision staying the first TRO is a significant change in law that plainly warrants dissolution of this Court’s second TRO,” the administration’s lawyers wrote.

Oregon Attorney General Dan Rayfield, a Democrat, said he would ask for a broader panel of the appeals to reconsider the decision.

“Today’s ruling, if allowed to stand, would give the president unilateral power to put Oregon soldiers on our streets with almost no justification,” Rayfield said. “We are on a dangerous path in America.”

The Justice Department did not immediately return an email seeking comment.

Trump’s efforts to deploy National Guard troops in Democratic-led cities have been mired in legal challenges. A judge in California ruled that his deployment of thousands of National Guard troops in Los Angeles violated the Posse Comitatus Act, a longstanding law that generally prohibits the use of the military for civilian policing, and the administration on Friday asked the U.S. Supreme Court to allow the deployment of National Guard troops in the Chicago area.