Officials in Oregon have filed a lawsuit seeking to block the Trump administration from deploying National Guard troops in Portland, adding to the legal battles against President Trump’s use of troops in major cities.
The state of Oregon and city of Portland filed a joint lawsuit Sunday against Trump, Defense Secretary Pete Hegseth and Homeland Security Secretary Kristi Noem over the deployment of the National Guard to the Beaver State’s biggest city.
The lawsuit, filed in federal court, calls the deployment of National Guard troops to Portland “heavy-handed” and unlawful.
The president, in a post on his Truth Social platform Saturday morning, directed Hegseth to “provide all necessary Troops” to deploy to Portland. The move stems from protests outside an Immigration and Customs Enforcement (ICE) facility in the city, with Trump claiming the building was “under siege from attack by Antifa, and other domestic terrorists.”
The court filing, though, argued the protests have involved fewer than 30 people in recent weeks and noted no arrests have been made since mid-June.
“Defendants’ heavyhanded deployment of troops threatens to escalate tensions and stokes new unrest, meaning more of the Plaintiffs’ law enforcement resources will be spent responding to the predictable consequences of Defendants’ action,” the lawsuit states.
Oregon Gov. Tina Kotek (D), appearing at a press conference alongside state Attorney General Dan Rayfield (D) and Portland Mayor Keith Wilson (D), called the deployment “an abuse of power and a disservice to our communities and our service members,” according to KOIN in Portland.
Kotek also marched with residents in downtown Portland on Sunday, saying in a post on the social platform X that “we don’t need military intervention here.”
As governor, Kotek controls her state’s National Guard. The lawsuit alleges Trump does not have the authority to seize control of the Oregon National Guard under Title 10, Section 12406 of the U.S. Code, which gives the president the capacity to federalize state national guards if the country is facing an invasion or rebellion or the president “is unable with the regular forces to execute the law.”
The lawsuit also says Trump’s order violates the 10th Amendment of the U.S. Constitution, which states that authority not delegated to the federal government is reserved for states. It also says the move violates the Posse Comitatus Act, which bars federal troops from being used for civilian law enforcement.
“Defendants have thus infringed on Oregon’s sovereign power to manage its own law enforcement activity and National Guard resource,” the lawsuit says. “Far from promoting public safety, Defendants’ provocative and arbitrary actions threaten to undermine public safety by inciting a public outcry.”
White House spokesperson Abigail Jackson told The Hill that the president’s actions were “lawful” and would “make Portland safer.”
“President Trump is using his lawful authority to direct the National Guard to protect federal assets and personnel in Portland following months of violent riots where officers have been assaulted and doxxed by left-wing rioters,” she said.
The Pentagon declined to comment on the lawsuit. The Hill has also reached out to the Department of Homeland Security for comment.
