On Monday, Sept. 29, Oregon Attorney General Dan Rayfield filed for a restraining order to block President Donald Trump from federalizing 200 Oregon National Guard troops, calling the deployment unjustified and warning it could provoke unrest. Bend Mayor Melanie Kebler joined the chorus of opposition, arguing that Oregon cities need federal support for basic needs — not militarization of what state officials describe as peaceful protests outside Portland’s Immigration and Customs Enforcement facility.
The legal challenge, backed by state and city officials, comes as Portland police and the Oregon State Police assert the situation outside the city’s ICE facility remains peaceful and does not require federal military intervention.
Oregon and Portland are now jointly suing to halt the deployment.
Oregon officials push back
Trump has invoked the Insurrection Act to justify deploying federal troops to Portland, citing civil unrest. While this law does give the President authority to use federal forces or federalized National Guard units to suppress civil disorder, insurrection or rebellion, the military isn’t supposed to handle everyday law enforcement. The Posse Comitatus Act is meant to regulate nondiscretionary power. The principle behind it is straightforward: keeping the military out of civilian policing protects people’s freedoms.
Oregon officials say the situation on the ground doesn’t match Trump’s justification. Craig Dobson, an assistant chief with the Portland Police Bureau, testified in court documents that nightly protests outside the ICE building have involved fewer than 30 participants and, “have been largely sedate during this time.” Dobson warned that federal deployment would be “counterproductive” and could actually incite larger protests. Captain Cameron Bailey of the Oregon State Police backed this up, stating that no request had been made for additional law enforcement resources in recent months.
Oregon Rep. Janelle Bynum (D-OR5) strongly criticized the move in a series of national TV interviews Monday, saying Oregonians never requested federal troops. “My reaction is that… not one time has any Oregonian ever said, ‘we need the President to help us,'” Bynum said on MSNBC. Bynum told ABC, “there will be no federal takeover of Portland, Oregon,” adding that Trump’s portrayal of the city as a hotbed of violence was “categorically false.” Portland ranks72n out of 315 cities in the nation for violent crime, with 720 violent crimes per 100,000 people, according to the .U.S. Department of Justice.
Bend Mayor Melanie Kebler told the Source: “Cities across Oregon don’t need or want federal militarization. We need help with infrastructure, affordable housing, education, health care — the things that make a real difference in our residents’ lives. I stand with mayors across Oregon speaking out against the President’s delusional decision to make our home a military target.”
GOP defends Trump’s move
Oregon Republicans, however, backed the Trump administration’s decision. Oregon House Republican Leader Christine Drazan said the ICE facility, “has been subject to months of dangerously chaotic protests,” blaming state and city leaders for “fail[ing] to provide” safety and order. “It’s shameful that state and local leaders have allowed violent mobs and domestic terrorists to assault federal law enforcement,” Drazan said in a statement on Sept. 27.
Legal battle could head to appeals court
The case is now before U.S. District Judge Michael Simon. If the federalization proceeds, it would mark the second time Trump has used the 10 U.S.C. 12406 statute this year — previously invoking it to send 4,000 National Guard troops and 700 active-duty Marines into Los Angeles during unrest, a move the Ninth Circuit partially upheld.
The Ninth Circuit will likely weigh in again if the Oregon case proceeds to appeal.
Thousands marched peacefully through downtown Portland on Sunday to protest the troop deployment. But according to a report from OPB, the demonstration turned tense when ICE agents fired pepper balls at several protesters while trying to escort a car into the building.
This article appears in the Source October 2, 2025.
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