Introduction to the Lawsuit
The State of Oregon and the city of Portland have sued the Trump administration to stop it from deploying National Guard troops to Portland.
The suit names as defendants President Donald Trump, Defense Secretary Pete Hegseth and the Defense Department, Homeland Security Secretary Kristi Noem and the Department of Homeland Security. The suit asks a federal court in Portland to stop the Trump administration from deploying troops and declare the deployment unlawful.
Response from the Trump Administration
White House spokesperson Abigail Jackson said Trump’s actions were "lawful" and said they 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," Jackson said.
A Pentagon spokesperson declined to comment on the suit and on the Oregon Army National Guard deployment, citing a standing policy of not commenting on active litigation.
DHS did not immediately respond to a request for comment on the lawsuit Sunday night.
Claims Made by Oregon and Portland
In the suit, the state of Oregon and the city of Portland claim the federal government does not have grounds to call in the Guard, and said the city has seen "small" protests near an Immigration and Customs Enforcement facility in recent weeks.
“When the president and I spoke yesterday, I told him in plain language that there is no insurrection or threat to public safety that necessitates military intervention in Portland or any other city in our state," said Oregon Gov. Tina Kotek in a press release Sunday. "Despite this — and all evidence to the contrary — he has chosen to disregard Oregonians’ safety and ability to govern ourselves. This is not necessary. And it is unlawful. And it will make Oregonians less safe."
Crime Statistics in Portland
Crime statistics provided by the Portland Police Bureau’s Strategic Services Division indicate crime in the city so far this year is on par with the same period in 2024. The current year-to-date total of offenses tallies 37,893, while at the same time last year offenses totaled 37,859.
However, the city did see a 50% drop in homicides and a 4% decline in aggravated assaults. Simple assaults, however, increased by 8%.
Deployment of National Guard Troops
In the complaint, the plaintiffs claimed Hegseth issued a memorandum Sunday calling 200 members of the Oregon National Guard into federal service.
Kotek, a Democrat, said during a press availability Sunday evening that Trump had taken away her control of the National Guard, and said that the state did not have any information regarding timeline for deployment. The governor also said she did not have information on the number of troops set to be activated, or whether such troops would be armed.
Constitutional Violations
The plaintiffs claimed that the administration’s move to federalize the guard violated the Tenth Amendment of the Constitution, saying that police power lies with the states.
Speaking to reporters on Sunday, Oregon Attorney General Dan Rayfield — a Democrat — compared the move to the administration’s efforts to deploy the National Guard to Los Angeles and Washington, D.C.
A federal judge in California ruled earlier this month that the administration illegally deployed the Guard and Marines to Los Angeles in June. The judge, U.S. District Judge Charles Breyer, said the administration violated a 19th century law called the Posse Comitatus Act, which prohibits the use of the armed forces for domestic law enforcement.
Trump’s Announcement
Trump on Saturday said he was directing Hegseth to “provide all necessary Troops” to Portland, calling the city “War ravaged.” He said Guardsmen had to protect ICE facilities that Trump claimed were “under siege from attack by Antifa and other domestic terrorists.”
Trump’s announcement came after he spoke negatively about Portland, claiming that there was “anarchy” in the city.
Kotek denied such characterizations of Portland during a Saturday press conference, and said she shared her assessment with Trump. The governor added that she had been in contact with other Democratic governors who faced similar threats from the administration, such as Illinois Gov. JB Pritzker and California Gov. Gavin Newsom.
Conclusion
The lawsuit filed by Oregon and Portland against the Trump administration is a significant development in the ongoing debate about the use of National Guard troops in domestic law enforcement. The administration’s move to deploy troops to Portland has been met with resistance from local officials, who argue that it is unnecessary and unconstitutional. The outcome of this lawsuit will have important implications for the balance of power between the federal government and states, and for the use of military force in domestic law enforcement.
FAQs
Q: What is the basis of the lawsuit filed by Oregon and Portland against the Trump administration?
A: The lawsuit claims that the administration’s deployment of National Guard troops to Portland is unlawful and violates the Tenth Amendment of the Constitution.
Q: What is the Posse Comitatus Act, and how does it relate to the lawsuit?
A: The Posse Comitatus Act is a 19th century law that prohibits the use of the armed forces for domestic law enforcement. The lawsuit claims that the administration’s deployment of troops to Portland violates this law.
Q: What is the response of the Trump administration to the lawsuit?
A: The Trump administration has defended its actions as lawful and necessary to protect federal assets and personnel in Portland.
Q: What are the implications of the lawsuit for the balance of power between the federal government and states?
A: The outcome of the lawsuit will have important implications for the balance of power between the federal government and states, and for the use of military force in domestic law enforcement.
