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The State of Oregon and the city of Portland filed a federal lawsuit Sunday night seeking to block President Donald Trump’s order to deploy National Guard troops to Portland, escalating a constitutional clash over the president’s use of military force on U.S. soil.
The lawsuit, filed in U.S. District Court in Portland, names Trump, Defense Secretary Pete Hegseth, the Defense Department, Homeland Security Secretary Kristi Noem, and the Department of Homeland Security as defendants. It asks the court to halt the planned deployment and declare it unlawful.
Governor Tina Kotek and other state leaders argue the president’s order violates the Tenth Amendment and the Posse Comitatus Act, which restricts the use of federal troops in domestic law enforcement.
“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,” Kotek said in a statement. “Despite this — and all evidence to the contrary — he has chosen to disregard Oregonians’ safety and our ability to govern ourselves. This is not necessary. And it is unlawful.”
Trump defends “lawful authority”
White House spokesperson Abigail Jackson defended the move, calling Trump’s actions “lawful” and “necessary to protect federal property and personnel.”
“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.
The Pentagon declined to comment on the lawsuit or the Guard deployment, citing ongoing litigation. DHS did not immediately respond to a request for comment.
State officials challenge federal control
According to the complaint, Defense Secretary Hegseth issued a memorandum Sunday calling 200 members of the Oregon National Guard into federal service. Kotek said the federal activation stripped her of command authority over the Guard, and that her administration had received no timeline or operational details about the planned deployment.
“There is no mission for them right now,” Kotek told reporters. “Portland is doing just fine.”
Crime data undercuts federal rationale
Portland’s crime data undermines Trump’s claims of chaos. Statistics from the Portland Police Bureau show overall offenses this year — 37,893 — nearly identical to the same period in 2024, when there were 37,859 offenses. Homicides are down 50 percent, and aggravated assaults have dropped 4 percent, though simple assaults have risen 8 percent.
The Oregon attorney general’s office noted in its filing that the protests near Immigration and Customs Enforcement facilities have been “small and non-violent,” undercutting Trump’s justification that Portland was “war ravaged.”
Legal echoes of earlier troop deployments
Oregon Attorney General Dan Rayfield said the president’s move mirrors earlier deployments in Los Angeles and Washington, D.C., which have faced legal challenges. Earlier this month, U.S. District Judge Charles Breyer ruled that Trump’s deployment of federal troops to Los Angeles violated the Posse Comitatus Act, which bars the military from engaging in domestic policing.
“Once again, the administration is stretching its authority to the breaking point,” Rayfield said. “There is no legal basis for the president to commandeer Oregon’s National Guard.”
National trend of confrontation
Trump’s order comes amid a series of federal interventions in Democrat-led cities. The president has threatened or authorized troop deployments in Chicago, Baltimore, New Orleans, and Washington, D.C. Earlier this month, he established a task force to mobilize troops in Memphis, Tennessee, a move endorsed by that state’s Republican governor, Bill Lee.
Despite Trump’s repeated claims of “anarchy” in Portland, local leaders insist the city remains stable. Mayor Keith Wilson said Friday that federal deployments “harm commerce and prosperity,” while Sen. Jeff Merkley (D-Ore.) urged residents to “not take the bait” and avoid confrontations with arriving federal troops.
For now, the state’s lawsuit sets up another courtroom test of Trump’s sweeping assertions of executive authority — and could determine the limits of presidential power to use the military within U.S. borders.
