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Oregon Sues to Block Federalization of State Guard for Portland Deployment

The court fight centers on whether the federal plan violates the Posse Comitatus Act and state sovereignty.

Overview

  • Defense Secretary Pete Hegseth ordered 200 Oregon National Guard members into federal service for 60 days to protect ICE and other federal facilities in Portland.
  • Oregon and the city of Portland filed a federal lawsuit and an emergency motion for a temporary restraining order; the case is assigned to U.S. District Judge Michael H. Simon with initial scheduling underway.
  • State filings include sworn statements from Portland police and Oregon State Police officials asserting recent ICE-site protests have been small and manageable without military support.
  • The White House says Title 10 authority, including Section 12406, permits the deployment to safeguard federal property and personnel, noting about 26 federal cases tied to the site since June.
  • A California judge previously found a similar Los Angeles National Guard use unlawful, but the Ninth Circuit stayed that injunction, leaving the legal landscape unsettled as Oregon’s challenge proceeds.