WASHINGTON–The State of Oregon and the City of Portland have filed a federal lawsuit challenging an order that places members of the Oregon National Guard under federal control for law enforcement duties in the city.
The complaint, lodged in U.S. District Court in Portland, names President Donald Trump, senior officials at the Departments of Defense and Homeland Security, and the agencies themselves as defendants. It seeks a court order declaring the federal action unlawful and blocking the deployment.
Governor Tina Kotek said that in her conversations with the administration, she has made it clear that Oregon can manage its own public safety. “There is no insurrection,” she said in a post on X before the lawsuit.
According to the lawsuit, the Trump administration directed roughly 200 Oregon National Guard members into federal service, citing threats of domestic terrorism and the need to maintain public order.
The plaintiffs contend that the conditions required for such a federalization—such as an invasion, a rebellion, or a breakdown in the execution of federal law—do not exist. They argue that the move exceeds the authority granted by statute and violates the Posse Comitatus Act, which generally bars the use of the U.S. military for civilian law enforcement.
The filing asserts that local police are capable of handling protests and public safety concerns in Portland and that the administration’s actions are part of a broader effort to pressure so-called sanctuary jurisdictions.
Oregon and Portland officials maintain that the deployment encroaches on the state’s constitutional authority over its own National Guard and undermines principles of state sovereignty. The complaint also alleges that the federal government is singling out politically disfavored states for coercion.
In addition to declaring the mobilization unlawful, the suit asks the court for both preliminary and permanent injunctions to stop federal authorities from carrying out the order.
This story is still developing…