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Tipsheet

Trump Just Sent Troops to This City to Stop Assaults on ICE Agents – Now the State Is Suing

AP Photo/J. Scott Applewhite

Oregon is suing the Trump administration over its decision to send National Guard troops to Portland to address protests against Immigration and Customs Enforcement (ICE) facilities.

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President Donald Trump announced on Saturday that he was authorizing the deployment of troops to the city. He said troops are able to use “full force” to deal with protesters at ICE detention centers.

Oregon Attorney General Dan Rayfield put out a video in which he announced the lawsuit. “I had told our staff, and we've been talking about this for a really long time, that the moment that we got notice of a deployment that I wanted to be in court with a lawsuit filed within 12 hours,” he said. “As of 2pm today, we have a lawsuit filed in Portland in the United States District Court to protect Oregon and its values less than six hours from the moment we received notice.”

The lawsuit alleges that Trump’s deployment of National Guard troops in Portland was done without lawful authority. The state claims that it violates federal law and the Posse Comitatus Act, which prohibits the government from using military troops for domestic law enforcement purposes.

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The complaint alleges that Trump’s contention that the city is “war-ravaged” and under siege by “domestic terrorists” is a pretext for imposing political will rather than addressing an actual emergency. The state claims that the anti-ICE protests were “small in recent weeks—typically involving less than thirty people” and had not “necessitated any arrests since mid-June.”

The lawsuit alleges that the White House’s actions violate federal law, which permits the involuntary federalization of the National Guard only in cases of invasion, rebellion, or when regular forces are unable to enforce federal law. “None of these factual circumstances are present in Oregon, and Defendants’ assertions to the contrary are patently pretextual and lack any good-faith basis.”

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The state accuses the White House of retaliation over its sanctuary policies and refusal to aid federal immigration enforcement in apprehending and deporting illegal immigrants. “Sending in 200 National Guard troops to guard a single building is not normal,” the lawsuit reads. 

However, it appears Oregon is downplaying some important facts. Several of the protests have involved violence in which protesters clash with immigration agents. Protesters have also painted graffiti on buildings, assaulted officers, used incendiary devices, and engaged in other types of violent behavior.

It’s not certain how the court battle will play out. But it is clear that there is more going on here than Rayfield suggests.

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