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Immergut has in the case blocking the troops pending further litigation. She found that Trump had failed to show he had met the conditions set out by Congress for using the military domestically. She described his assessment of the situation in Portland, which Trump called 鈥渨ar ravaged,鈥� as 鈥渟imply .鈥�

One of Immergut's orders was by a three-judge panel of the 9th U.S. Court of Appeals. But late Tuesday the appeals court vacated and said it would rehear the case before an 11-judge panel.

The complex case comes as Democratic cities targeted by Trump for military involvement 鈥� including Chicago, which has filed a separate lawsuit on the issue 鈥� . They argue the president has not met the legal requirements to deploy troops and doing so would violate states鈥� sovereignty. The administration argues that it needs the troops because protests have impeded law enforcement operations.

Portland鈥檚 ICE building outside downtown has been the site of that peaked in June when police declared one demonstration a riot. Smaller clashes have also occurred since then, and federal officers have fired tear gas to clear crowds, which at times have included counterprotesters and livestreamers.

During the trial, witnesses are expected to take the stand for both sides and face cross-examination. The federal defendants will call officials from ICE, the Department of Defense and the Federal Protective Service, the agency that provides security for federal buildings.

The administration argues that it has had to shuffle Department of Homeland Security agents from elsewhere around the country to respond to the Portland protests, showing that the city has been unable to enforce the law with regular forces 鈥� one of the conditions set by Congress for calling out the 好色tv Guard. It has also characterized the protests as a 鈥渞ebellion鈥� or 鈥渄anger of rebellion鈥� 鈥� another of the conditions.

The state and city argue that federal officers have at times used force that appears to be 鈥渘eedless and arbitrary.鈥�

鈥淭hey have deployed tear gas and pepper balls on small numbers of nonviolent protesters outside of the ICE building repeatedly, in some cases without apparent need or provocation, and without first exhausting de-escalation or other less-aggressive options,鈥� the plaintiffs wrote in a trial brief.

Portland police have also been 鈥済assed by federal law enforcement鈥� and, on at least one occasion, hit with a crowd-control projectile, the brief said.

The Trump administration says the Portland Police Bureau has been unwilling to help control the protests, describing authorities in a trial brief as 鈥渦nhelpful and at times hostile.鈥�

鈥淭he record is replete with evidence of the PPB failing to provide assistance when federal officials have requested it,鈥� Justice Department attorneys wrote.

The police say they have made arrests when crimes have been committed, but that they also must respect protesters' First Amendment rights.

Communication between local and federal authorities worsened as federal agents surged to the building 鈥渨ithout a clear command and control structure,鈥� the state and city said.

鈥淭o list just one illustrative example, at one point pepper balls were shot in the direction of a PPB officer,鈥� the trial brief said. 鈥淲hen confronted, federal officials responded, 鈥榟elp or get out of the way.鈥欌��

, police officers have similarly been exposed to tear gas deployed by federal officials against protesters.

The Portland trial is expected to last three days.

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Johnson reported from Seattle.