Update: Hearing Friday as Oregon Seeks to Block Unlawful Federalization of Guard

September 29, 2025
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Oregon Files Motion for Temporary Restraining Order to Block Unlawful Federalization of National Guard

UPDATE: Hearing Scheduled for Friday, October 3 at 10:00 a.m. in U.S. District Court in Portland

The State of Oregon and the City of Portland will appear in federal court at 10:00 a.m. this Friday, October 3, for a hearing on their motion for their temporary restraining order (TRO) to block President Trump’s unlawful federalization of the Oregon National Guard.

Oregon Attorney General Dan Rayfield announced earlier today that the State of Oregon and the City of Portland filed a motion for the 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 TRO hearing is scheduled for 10:00 a.m. on Friday, October 3, at the U.S. District Court for the District of Oregon in Portland.

“Oregonians aren’t fooled. People are posting videos from every corner of the city showing that it is vibrant and calm,” said Attorney General Dan Rayfield. “This isn’t about safety, it’s about stirring up headlines. Our Guard members are our neighbors, not political props. We’re confident in our case and will continue to defend Oregon’s laws and values.”

The Hegseth Memorandum, issued September 28, 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 and peaceful—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.