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Oregon Takes Legal Action Over National Guard Deployment

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Tina Kotek
Photo Credit: "Tina Kotek" by Oregon State University is licensed under CC BY-SA 2.0. To view a copy of this license, visit https://creativecommons.org/licenses/by-sa/2.0/?ref=openverse.

Oregon officials are taking the Trump administration to court in an attempt to block the president’s decision to send National Guard troops into Portland.

President Donald Trump announced Saturday that he directed Defense Secretary Pete Hegseth to “provide all necessary Troops” to secure Portland.

He described the city as “War ravaged” and claimed Immigration and Customs Enforcement (ICE) facilities were “under siege from attack by Antifa and other domestic terrorists.”

“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,” Trump posted on Truth Social, adding, “I am also authorizing Full Force, if necessary.”

Oregon’s Democrat Gov. Tina Kotek responded during a Saturday press briefing, insisting that local officials could handle the situation.

“In my conversations directly with President Trump and [Homeland Security] Secretary Noem, I have been abundantly clear with them that Portland and the state of Oregon believe in the rule of law, and we can manage our own local public safety needs,” Kotek said.

“There is no insurrection. There is no threat to national security, and there is no need for military troops in our major city.”

Kotek maintained that Portland is not facing a crisis. She urged Trump to send troops elsewhere, stating that “military service members should be dedicated to real emergencies. The members of the Oregon National Guard, their mission is to stand up and protect Oregonians, and they will do that every day, but they are not needed in the city.”

She also complained that, “The administration has refused to elaborate on what they mean when they say they will deploy full force against our city and citizens.”

At an Oval Office event Thursday, Trump officials revealed plans to investigate what they called “organized political violence” funded by left-wing groups.

Trump told reporters, “Take a look at Portland some time. These are crazy people, and they’re trying to burn down buildings.”

Protests outside a Portland ICE field office have continued daily since June.

While demonstrations are peaceful during daylight, tensions spike at night when ICE agents move vehicles and activists attempt to block them.

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Data from Portland police show that by late August the city had logged 1,982 aggravated assaults, 2,595 burglaries, and 25 homicides.

Oregon’s lawsuit argues the demonstrations involve fewer than 30 people lately and that no arrests have occurred 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 filing states.

The legal challenge targets Trump, Defense Secretary Pete Hegseth, the Department of Defense, Homeland Security Secretary Kristi Noem, and the Department of Homeland Security.

It seeks a federal order blocking troop deployment and declaring it unlawful. Plaintiffs argue that Hegseth issued a memo activating 200 members of the Oregon National Guard for federal duty.

The lawsuit claims this move violated both the 10th Amendment, which grants police powers to states, and the Posse Comitatus Act, which forbids federal troops from taking part in civilian law enforcement.

“Defendants have thus infringed on Oregon’s sovereign power to manage its own law enforcement activity and National Guard resource,” the suit argues.

It further contends that the administration’s “provocative and arbitrary actions threaten to undermine public safety by inciting a public outcry.”

Hundreds of protesters gathered outside Portland’s U.S. Immigration and Customs Enforcement building in protest of Trump’s order on Sunday.

By the evening, ICE agents were forced to deploy pepper balls to safely escort a vehicle into the building.

Despite the escalation, Kotek reiterated her stance that no federal intervention is required in Sunday in a news release.

“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,” she commented.

“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.”

Kotek also joined residents in a downtown Portland march, posting on X that “we don’t need military intervention here.”

Later that evening, she told reporters that Trump had stripped her of command over the National Guard.

She said the state still did not know when troops would arrive, how many would be activated, or whether they would be armed.

White House spokesperson Abigail Jackson defended Trump’s directive, stating it was “lawful” and designed to restore order.

“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. “President Trump’s move will make Portland safer.”

This lawsuit is part of Trump’s broader law-and-order crackdown. In recent months he sent Guard units to Los Angeles and Washington, D.C. In September, he announced deployments to Memphis, Tennessee, as well.

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