Oregon Attorney General Dan Rayfield has filed a lawsuit seeking to block the Trump administration from deploying troops to Portland.
President Donald Trump announced on Saturday that he would authorize “Full Force” if necessary to bolster the safety of Immigration and Customs Enforcement (ICE) agents amid protests and violent clashes with authorities outside federal facilities.
Newsweek reached out to the White House by email outside of normal business hours on Sunday evening for comment.
Why It Matters
Trump has previously discussed potentially deploying troops to several different locations throughout the country, all of which are Democrat-run cities, including Chicago to assist in ICE operations or to Memphis, Tennessee, to deal with the highest homicide rate in the country, or even back to California or down to New Orleans.
Trump decided that his next major focus would be to tackle “war ravaged” Portland, announcing on Truth Social his intent to deploy troops to the city as he said ICE facilities are “under siege from attack by Antifa, and other domestic terrorists.” Defense Secretary Pete Hegseth then signed a memorandum that federalized 200 National Guard from Oregon to deploy to the city for 60 days to “protect Federal property” as well as ICE agents and “other U.S. Government personnel.”
Last week also marked a major escalation in the administration’s fight against what it describes as political extremism in the country following the assassination of conservative activist Charlie Kirk and an attack on a Dallas ICE facility this week, as Trump announced that he would designate Antifa as a domestic terrorist organization.
What To Know
A press conference was held on Saturday where Oregon officials stressed that they oppose any troop deployments to Portland and reject the Trump administration’s argument that it has the authority to do so.
Oregon Governor Tina Kotek on Sunday then escalated the matter and filed a lawsuit in the District of Oregon, Portland, division on behalf of the state and city. The lawsuit names Trump as well as Hegseth and Department of Homeland Security (DHS) Secretary Kristi Noem and seeks injunctive relief against the administration.
The 41-page filing delves into several arguments against the move to federalize the state’s National Guard troops and criticizes the administration for using “baseless, wildly hyperbolic pretext” to justify the moves.
“Defendants have thus infringed on Oregon’s sovereign power to manage its own law enforcement activity and National Guard resource. Far from promoting public safety, Defendants’ provocative and arbitrary actions threaten to undermine public safety by inciting a public outcry,” the lawsuit states, adding that deploying troops against the wishes of state and local officials is “patently unlawful.”
“For these and other reasons discussed below, Defendants’ actions should be declared unlawful and preliminarily and permanently enjoined,” the lawsuit added.
The lawsuit names the following Causes of Action: Violation of 10 U.S. code 12406 (the president’s attempt to federalize troops without appropriate cause); Violation of the Posse Comitatus Act, which prevents deploying armed forces for law enforcement; Violating the Tenth Amendment for trying to “usurp the Governor of Oregon’s role as Commander-in-Chief of the National Guard in Oregon”; Violation of the Administration Procedure Act; and Violation of the Constitution Separation of Powers and the Militia and Take Care Clauses.
Oregon is calling for the court to declare Hegseth’s order unlawful and to enjoin the federalization of troops, as well as permanently enjoin the defense secretary and the Pentagon from calling upon Oregon National Guard members for federal service.
What People Are Saying
Oregon Governor Tina Kotek in statement on Saturday to Newsweek: “My office is reaching out to the White House and Homeland Security for more information. We have been provided no information on the reason or purpose of any military mission. There is no national security threat in Portland. Our communities are safe and calm. I ask Oregonians to stay calm and enjoy a beautiful fall day. We will have further comment when we have more information.”
President Donald Trump in his Truth Social Post on Saturday: “At the request of Secretary of Homeland Security, Kristi Noem, I am directing Secretary of War, Pete Hegseth, to provide all necessary Troops to protect War ravaged Portland, and any of our ICE Facilities under siege from attack by Antifa, and other domestic terrorists. I am also authorizing Full Force, if necessary. Thank you for your attention to this matter!”
What Happens Next?
The court case will continue play out, much as the case in California lodged by Governor Gavin Newsom has, over the coming weeks or even months. In that time, the president may press forward with his plan unless the court issues a speedy decision.