New York Attorney General Letitia James has joined 23 other states in supporting Oregon and California’s legal challenge to the federal government’s deployment of National Guard troops in Portland. The coalition filed an amicus brief with the United States Court of Appeals for the Ninth Circuit, arguing that the president’s actions violate constitutional principles and override Oregon’s authority.
“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 had sought to deploy National Guard troops from Oregon and other states, including California, to Portland as a response to protests over immigration enforcement policies. Oregon and California have filed lawsuits seeking to prevent these deployments and have obtained temporary court orders barring such actions.
The coalition maintains that sending National Guard members without state or local consent contravenes both legal standards and constitutional foundations. Historically, domestic military deployment by presidents has been rare and limited in scope. According to Attorney General James and her colleagues, deploying troops against the wishes of Oregon’s governor threatens the balance of power between states and the federal government.
Concerns were also raised about public safety and civil liberties. The coalition argues that National Guard members are not trained for local law enforcement needs, unlike police officers who work within those communities. Furthermore, federalized soldiers report directly to the Department of Defense, whose priorities may differ from those required for civilian policing. This approach could increase tensions, risk harm to residents, and suppress First Amendment rights.
Attorney General James is joined by attorneys general from Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Washington, Wisconsin; the District of Columbia; as well as governors from Kansas, Kentucky, and Pennsylvania.
