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 President Donald Trump, Defense Secretary Pete Hegseth and the Defense Department, Homeland Security Secretary Kristi Noem and the Department of Homeland Security as defendants. It asks a federal court in Portland to stop the Trump administration from deploying troops and declare the deployment unlawful.
White House spokesperson Abigail Jackson said that Trump’s actions were “lawful” and that 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,” she 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.
In the suit, Oregon and 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,” Democratic Gov. Tina Kotek said in a news 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 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 last year. The current year-to-date total of offenses tallies 37,893, while at the same time last year offenses totaled 37,859.
However, there were a 50% drop in homicides and a 4% decline in aggravated assaults. Simple assaults, however, increased by 8%.
In the complaint, the plaintiffs claim Hegseth issued a memorandum Sunday calling 200 members of the Oregon National Guard into federal service.
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Kotek said at a media availability event Sunday evening that Trump had taken away her control of the National Guard and that the state did not have any information about a timeline for deployment. She also said she did not have information about the number of troops set to be activated or whether they would be armed.
The plaintiffs claim that the administration’s move to federalize the guard violated the 10th Amendment of the Constitution, saying police power lies with the states.
Speaking to reporters Sunday, state 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 the Marines to Los Angeles in June. U.S. District Judge Charles Breyer said the administration violated a 19th century law called the Posse Comitatus Act, which prohibits using the armed forces for domestic law enforcement.
Trump said Saturday that he was directing Hegseth to “provide all necessary Troops” to Portland, calling the city “War ravaged.” He said guard members had to protect ICE facilities that he claimed were “under siege from attack by Antifa and other domestic terrorists.”
Trump’s announcement came after he spoke negatively about Portland, claiming there was “anarchy” in the city.
Kotek denied such characterizations at a news conference Saturday and said she shared her assessment with Trump. She 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.
Trump has threatened to deploy the National Guard in multiple cities run by Democrat mayors, including Chicago, Baltimore and New Orleans. He authorized the deployment of National Guard troops to Washington, D.C., in August.
He also established a task force this month to mobilize troops in Memphis, Tennessee — a move that Republican Gov. Bill Lee supported.
