Oregon has filed a federal lawsuit against the Trump administration, accusing it of overstepping its authority by ordering 200 members of the Oregon National Guard into federal service and directing them toward Portland. The state and the city of Portland contend the move is unlawful, unjustified, and a dangerous precedent.
The legal battle was triggered late Sunday after a Defense Department memo authorized what Oregon leaders say is a 60-day deployment under Title 10. That designation, critics argue, effectively places the state’s guard under federal control to perform functions that resemble law enforcement. The lawsuit names President Trump, Defense Secretary Pete Hegseth, Homeland Security Secretary Kristi Noem, and the federal departments of Defense and Homeland Security.
Governor Tina Kotek and Attorney General Dan Rayfield have been vocal in condemning the administration’s decision. In a statement, Kotek said she told the president plainly that there is “no insurrection or threat to public safety” warranting military intervention in Portland or anywhere in Oregon. Rayfield called the administration’s pretext “baseless and hyperbolic,” and said the deployment violates both constitutional limits and statutory law.
The lawsuit challenges the administration’s logic on several fronts. Among other claims, it argues the deployment breaches the Posse Comitatus Act, which generally prohibits use of federal military personnel for domestic law enforcement, and that the president lacks authority under the cited statute (10 U.S.C. § 12406) because no invasion or rebellion is underway. The filing also insists the state’s sovereignty is undercut, since Oregon officials have repeatedly stated local law enforcement has the situation under control.
Prompt legal action is now underway. Oregon and Portland are seeking a temporary restraining order to block the deployment even as the case proceeds. The court has been asked to declare the federalization unlawful and to halt any movement of the troops under the challenged order.
On the federal side, the memo from the Pentagon orders the activation of 200 National Guard members in Oregon, citing a need to protect federal property in places where protests are occurring or likely. The memo says those troops are being called to perform “federal functions.”
The timing stings for state and city leaders, who say they learned of the deployment through the official memo and public announcements—not through consultation. They argue that the administration is using exaggerated reports of civil unrest and conflating small protests around an ICE building in Portland with a state of chaos. Such a portrayal, they say, is disconnected from reality.
This dispute is not entirely new. Earlier this year, California Governor Gavin Newsom sued over similar National Guard deployments in Los Angeles, and a federal judge ruled that the administration’s actions violated federal law. The case is now under appeal.
As Oregon’s suit makes its way through the courts, tension is high. State leaders warn that allowing this deployment to proceed unchecked would erode democratic norms and trigger a dangerous expansion of federal force in cities across the country. For residents of Portland, the question is no longer hypothetical: will citizens ever wake up to soldiers on their streets?
