Attorney General James Challenges Federal Government’s Unlawful Deployment of National Guard in Oregon

NEW YORK – New York Attorney General Letitia James today joined a coalition of 23 other states in supporting Oregon and California’s lawsuit opposing the administration’s unlawful federalization and deployment of the National Guard in Portland. In an amicus brief filed in the United States Court of Appeals for the Ninth Circuit, Attorney General James and the coalition argue that the president’s deployment of the national guard defies the Constitution, overrides the state of Oregon’s authority, and endangers communities in Portland. Attorney General James and the coalition are urging the court to uphold a lower court’s order preventing the administration from deploying National Guard troops to Oregon.

“Sending National Guard members to cities where individuals are exercising their First Amendment rights is a clear violation of our Constitution,” said Attorney General James. “Deploying members of the armed forces to patrol our cities against the will of local officials undermines law enforcement and puts people in danger. I will continue to fight back against these unlawful and unconstitutional actions that only serve to stoke fear and escalate violence.”

The Trump administration has recently sought to send National Guard troops from Oregon and other states, including California, to Portland in an attempt to stop peaceful protests against the administration’s immigration enforcement policies. Oregon and California have sued to stop these deployments and secured temporary court orders barring the administration from deploying the National Guard to Oregon. Attorney General James and the coalition filed this amicus brief in the Ninth Circuit ahead of an oral argument regarding the administration’s attempt to stay the lower court’s order blocking illegal National Guard deployments to Oregon.

Attorney General James and the coalition assert that the administration’s repeated attempts to send National Guard members to Portland without the consent of state and local officials violate the law and the founding principles of the Constitution. The president has historically only deployed the military domestically in extremely limited circumstances. As Attorney General James and the coalition argue, sending National Guard troops from Oregon or any other state into Portland against the wishes of Oregon’s governor is unprecedented and threatens the critical balance of power between states and the federal government established in the Constitution and federal law.

The coalition also argues that deploying the National Guard to police protests disrupts local law enforcement and endangers communities while suppressing their civil liberties. Unlike local law enforcement officers’ training, National Guard members’ training is not tailored to local needs. In addition, federalized National Guard members are directly answerable to the Department of Defense, which Secretary Pete Hegseth recently characterized as focusing on “maximum lethality,” and not “stupid rules of engagement.” Deploying federalized soldiers to American cities risks escalating tensions, harming residents, and suppressing First Amendment rights to free speech and association.

Attorney General James and the coalition are urging the court to uphold the lower court orders barring the administration from deploying National Guard members to Oregon.

Joining Attorney General James in filing this amicus brief are the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia, as well as the Governors of Kansas, Kentucky, and Pennsylvania.