Oregon — A federal judge on Friday granted Oregon’s request for a temporary restraining order blocking President Donald Trump’s directive to deploy 200 federalized members of the Oregon National Guard to Portland. The ruling halts what state officials called an “unnecessary, unwanted, and unlawful” federalization of state troops.
The order came just days after U.S. Secretary of Defense Pete Hegseth issued a memorandum invoking 10 U.S.C. § 12406 to place members of Oregon’s Guard under federal control. The move followed a September 27 Truth Social post by President Trump declaring he would send troops with “Full Force” to “protect war-ravaged Portland” from “domestic terrorists.”
In a 42-page motion filed by Oregon Attorney General Dan Rayfield and the City of Portland, state lawyers argued that the President’s order was “ultra vires”, beyond his lawful authority, and violated both the Posse Comitatus Act and the Tenth Amendment, which reserves law enforcement powers to the states.
“Military rule is incompatible with liberty and democracy,” the motion begins, asserting that the Constitution “forbids federal military interference in civilian law enforcement.”
According to the filing, protests outside Portland’s Immigration and Customs Enforcement (ICE) facility have been small, often fewer than 30 people, and peaceful in recent weeks. The Portland Police Bureau reported no arrests at the protests since mid-June. Oregon argued there was no “rebellion” or “inability to execute the laws” that could justify calling up troops under § 12406.
The state further claimed that deploying soldiers would “inflame tensions,” violate the Posse Comitatus Act’s ban on domestic law enforcement by the military, and “punish Oregon for its sanctuary policies,” in violation of constitutional guarantees of equal state sovereignty.
Governor Tina Kotek refused to consent to the mobilization, calling it “an abuse of power” and noting that “local law enforcement has the situation under control.” On Friday morning, the court agreed, issuing a TRO halting the order pending further review.
In a statement following the ruling, Attorney General Dan Rayfield said:
“The court agreed with our position. Today’s ruling is a healthy check on the president. Portland is not the president’s war-torn fantasy. Our city is not ravaged, and there is no rebellion.”
Rayfield added that the decision reaffirms constitutional limits on executive power and the principle that members of the Oregon National Guard “are not a tool for [the president] to use in his political theater.”
The court’s action mirrors a September 2 decision in Newsom v. Trump, where a California judge found the President’s earlier deployment of troops in Los Angeles violated the Posse Comitatus Act. Oregon’s lawsuit, filed less than six hours after the federal order was issued, cited that ruling extensively.
The case State of Oregon and City of Portland v. Donald Trump et al., Case No. 3:25-cv-01756-SI will now proceed to next steps in the legal process.
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