Oregon Files Motion for Temporary Restraining Order to Block Unlawful Federalization of National Guard

Oregon Attorney General Dan Rayfield today announced that the State of Oregon and the City of Portland have filed a motion for a temporary restraining order (TRO) in their lawsuit against President Donald Trump, U.S. Secretary of Defense Pete Hegseth, U.S. Secretary of Homeland Security Kristi Noem, the U.S. Department of Defense, and the U.S. Department of Homeland Security. The motion seeks to immediately block the September 28 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 Hegseth Memorandum, issued yesterday, placed Oregon National Guard members under federal command for 60 days to "protect federal property where protests are occurring or likely to occur." The directive followed a social media post from President Trump authorizing the Secretary of Defense to employ "troops" with "full force" in Portland.

In today's filing, Oregon argues that the order violates the Constitution and multiple federal laws and should be put on hold immediately. 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.

The TRO motion asks the court to block the Hegseth Memorandum and restore the status quo, keeping the Oregon National Guard under state command and focused on its true mission: serving Oregonians.

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