State AG Sues To Block Trump From Sending National Guard to Portland – KXL

SALEM, OR – Within hours of learning the Trump administration had federalized the state’s National Guard, Oregon Attorney General Dan Rayfield said his office filed for a temporary restraining order in U.S. District Court in Portland to block the action.  The TRO seeks to immediately block the September 28th memorandum from Secretary Hegseth, which federalizes and deploys 200 members of the Oregon National Guard to Portland.

“The facts are egregious,” said Attorney General Rayfield. “The President’s response to federalize 200 National Guard members for 60 days is not about keeping people safe – it’s about chasing headlines at the expense of our community.”

The TRO motion highlights:

• No legal basis for federalization. Under 10 U.S.C. §12406, the Guard may only be federalized in cases of invasion, rebellion, or when federal laws cannot otherwise be executed. None of those conditions exist in Oregon.
• Violation of the Posse Comitatus Act and 10 U.S.C. §275. Federalized troops may not be used for civilian law enforcement.
• Tenth Amendment infringement. States hold the constitutional authority to oversee public safety.
• Political retaliation. Singling out Portland—where recent protests have been small, peaceful, and without arrests—shows the action is a political stunt, not a public safety measure.

“Putting our own military on our streets is an abuse of power and a disservice to our communities and our service members,” added Attorney General Rayfield. “The Guard is made up of our neighbors and friends, not political props. Oregon is our home — not a military target.”