Oregon Sues Trump Administration Over ‘Unlawful’ Deployment of National Guard to Portland

September 29, 2025 12:41 PM

Oregon Sues Trump Administration Over ‘Unlawful’ Deployment of National Guard to Portland

The State of Oregon, led by Democratic officials, has filed a federal lawsuit against the Trump administration to block the deployment of 200 Oregon National Guard members to Portland. The move came after Defense Secretary Pete Hegseth ordered the troops into federal service for 60 days to “protect federal property,” despite strong opposition from the state’s leadership.

The Federal Deployment and State’s Response

President Donald Trump authorized the deployment, citing a need for “full force” to suppress protests targeting the Immigration and Customs Enforcement (ICE) facility in Portland, which he characterized as being “under siege” by “Antifa, and other domestic terrorists.”

The Deployment: Defense Secretary Hegseth ordered the federalization of the 200 Oregon National Guard troops under Title 10 authority, overriding the state’s command.
The Lawsuit: Oregon Attorney General Dan Rayfield filed the lawsuit, calling the deployment “provocative and arbitrary” and “unlawful.” The state argues that Portland is “safe and calm,” and that the federal action threatens to incite public outcry.
Governor’s Stance: Oregon Governor Tina Kotek stated she had directly informed President Trump that “There is no national security threat in Portland” and “no insurrection” to justify military intervention, asserting, “Oregon is our home — not a military target.”

Legal Arguments and Precedent

The core of the legal challenge rests on the argument that the Trump administration has overstepped its constitutional authority by unilaterally seizing state forces for domestic law enforcement purposes.

Violation of State Sovereignty: The lawsuit argues the move infringes upon Oregon’s sovereign power to manage its own law enforcement activity, violating the Tenth Amendment.
Unlawful Pretext: State officials contend that Trump’s claims of a “war ravaged” city are based on “baseless, wildly hyperbolic pretext” and outdated information, not a genuine threat that would justify the deployment.
Posse Comitatus Act: The lawsuit likely references the Posse Comitatus Act, which limits the federal government’s use of the military for domestic law enforcement. This follows a previous ruling by a federal judge in California that deemed a National Guard deployment in Los Angeles illegal and a violation of the same act.

Broader Context and Federal Crackdown

The deployment is part of a wider, ongoing crackdown by the Trump administration on illegal immigration and dissent in Democratic-run cities.

Antifa Designation: The move follows Trump’s formal designation of Antifa as a domestic terrorist organization, a move legal experts have questioned due to First Amendment protections for free speech and assembly.
ICE Activity: Democratic lawmakers have accused federal ICE agents of targeting individuals without criminal convictions, citing a statistic that 65% of people detained by ICE had no criminal convictions.
Previous Deployments: Trump has previously deployed the National Guard to Los Angeles and Washington D.C., and federal agents are expected to arrive in Memphis, Tennessee, next week.