The president has the authority to send the National Guard into downtown Portland, Oregon, due to the city police department’s protection of Antifa rioters during attacks on a federal facility, according to Harmeet Dhillon, the Department of Justice’s top civil rights official.

Dhillon made the statement after a video surfaced showing Antifa demonstrators hiding behind Portland city police officers while aiming high-powered flashlights at federal officers stationed outside the U.S. Immigration and Customs Enforcement (ICE) facility.

The positioning of local police effectively shielded the rioters from the pepper balls typically used by federal security officers to disperse violent crowds.

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“This is exactly why the 9th Circuit just said POTUS can send in the National Guard!” Dhillon wrote on X on October 21. “Incredible FAIL!”

Federal law permits the president to deploy National Guard troops in situations where “there is a rebellion or danger of a rebellion,” or when the president is otherwise unable to enforce U.S. law.

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The Ninth Circuit Court of Appeals affirmed that authority in a ruling issued Monday, October 20, approving a limited deployment of federalized National Guard troops in Portland.

A three-judge panel on the Ninth Circuit approved the measure, stating that “The federalization and deployment of just 200 National Guardsmen for 60 days is well within a deferential proportional response to support good faith.”

One judge dissented, arguing that the federal government failed to demonstrate an immediate need for the deployment.

“The government cannot point to a single instance in which federal property or personnel was threatened or in need of assistance and the local police failed to respond to a request for assistance,” the dissenting judge wrote.

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The deployment authorization follows repeated incidents in which Antifa-linked demonstrators have harassed and assaulted federal officers assigned to protect the Portland ICE facility.

Federal officials have said the attacks have disrupted operations at the site, which handles enforcement of national immigration laws.

City leaders, including Portland’s mayor and several members of the local government, have been criticized for allowing repeated confrontations between Antifa groups and federal personnel.

Portland police officers have been accused by federal officials of obstructing enforcement efforts by positioning themselves between rioters and federal agents during violent demonstrations.

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Federal authorities have also cited ongoing safety concerns for officers assigned to the facility, as well as damage to federal property caused by firebombs, projectiles, and coordinated attacks over the past several years.

Similar tensions have occurred in Los Angeles, where federal officers have faced opposition from local officials and activist groups during operations targeting illegal drug and human trafficking networks involving illegal aliens.

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Federal officials have reported that organized protests in Los Angeles have attempted to block immigration enforcement actions and disrupt access to federal buildings.

In both cities, federal officers have reported that violence directed toward law enforcement personnel has increased, often linked to organized anti-government groups.

Commenting on the broader trend, Donald Trump Jr. told Fox News on October 21 that the violence is not coming from conservative groups.

“They say it’s violence on both sides,” he said.

“There is no violence from the right. It is not both sides, it’s from one side and it was from the left alone.”

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The Justice Department and the Department of Homeland Security have not announced whether National Guard troops have yet been deployed in Portland.

The Ninth Circuit’s ruling permits up to 200 Guardsmen to assist for a 60-day period, with further extensions subject to executive review.

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