Oregon — A day after a divided Ninth Circuit Court of Appeals upheld former President Donald Trump’s authority to federalize the Oregon National Guard, U.S. Senators Ron Wyden and Jeff Merkley joined two dozen Senate Democrats in demanding an investigation into the domestic deployment of military forces to American cities.
In a letter led by Senate Majority Whip Dick Durbin and Senate Minority Leader Chuck Schumer, the senators urged the Department of Defense Acting Inspector General Steven Stebbins to examine the “cumulative effects” of using active-duty and National Guard troops for law enforcement and immigration operations in cities including Portland, Los Angeles, Washington D.C., Chicago, and Memphis.
“The military’s expanded use to support immigration operations and domestic law enforcement is fundamentally unconstitutional,” the senators wrote, warning it risks “straining readiness, weakening troop morale, and eroding public trust.”
The request comes as the Ninth Circuit granted Trump’s motion to stay an Oregon federal judge’s injunction, allowing the deployment of 200 Guard members to Portland. The court’s per curiam opinion found that the President’s action under 10 U.S.C. §12406(3) was “likely lawful,” citing “a colorable assessment of facts and law within a range of honest judgment.” Judge Susan Graber dissented sharply, calling the ruling “an erosion of states’ rights and civil liberties.”
Wyden and Merkley’s letter underscored that “service members are not trained nor prepared to act as a domestic police force” and cited the Posse Comitatus Act, which limits military involvement in civilian law enforcement. The senators argued the Guard’s diversion for political purposes undermines readiness for natural disasters and overseas missions, costing taxpayers millions — with one 60-day deployment to Los Angeles alone estimated at $170 million.
“Pulling National Guard troops away from their assigned duties erodes public trust and diverts critical resources,” they wrote, demanding a full report by November 21, 2025.
The Ninth Circuit’s decision ensures Trump’s 60-day Portland deployment will proceed while appeals continue, setting the stage for a broader national debate over executive authority, military neutrality, and constitutional limits on domestic troop use.
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