Texas National Guard Ordered to Mobilize to Oregon and Illinois Amid Legal Battle

PORTLAND, OR – California on Sunday joined Oregon and the city of Portland in suing over the Trump administration’s latest attempt to deploy federal troops to an American city.

More than 100 members of the California National Guard, on orders from President Donald Trump, flew to Oregon overnight against the wishes of elected leaders in both states, and without those leaders’ knowledge. More are expected.

“At the direction of the President, approximately 200 federalized members of the California National Guard are being reassigned from duty in the greater Los Angeles area to Portland, Oregon to support U.S. Immigration and Customs Enforcement and other federal personnel performing official duties, including the enforcement of federal law, and to protect federal property,” said Sean Parnell, a Pentagon spokesperson.

The move came just hours after Oregon and Portland won a temporary restraining order against Trump’s attempt to deploy 200 Oregon Guard members to Portland. Federal Judge Karin Immergut — a Trump appointee — said on Saturday that the federal government was violating the 10th Amendment of the U.S. Constitution, which effectively guarantees that states retain police power within their borders.

Immergut scheduled an emergency hearing at 7 p.m. Pacific time Sunday on a second restraining order, but a public access line for the hearing still wasn’t live by 7:30. Shortly before the hearing was scheduled to begin, plaintiffs filed with the court a Sunday memo from U.S. Defense Secretary Pete Hegseth ordering 400 Texas National Guard troops to mobilize to Oregon, Illinois and other locations.

Kotek and Illinois Gov. J.B. Pritzker both said they received no explanation from the federal government about that order. It’s unclear how many Texas soldiers would be sent to each location and what mission they would carry out, Kotek added.

“This is a continuation and escalation of the president’s dangerous, un-American misuse of states’ National Guard members and hard-earned taxpayer dollars,” Kotek said.

In her Saturday opinion, Immergut also found that protests at an ICE processing facility in Portland were not by any definition a “rebellion” nor do they pose the “danger of a rebellion.”

“This is a nation of Constitutional law, not martial law,” Immergut wrote in her opinion. “Defendants have made a range of arguments that, if accepted, risk blurring the line between civil and military federal power — to the detriment of this nation.”

Late Saturday, attorneys for the federal government filed a notice that they would ask the  Ninth Circuit Court of Appeals to put a halt on her order. On Sunday Oregon’s Attorney General Dan Rayfield in turn filed a motion opposing the federal request, saying the issue could be decided by Immergut as early as Monday.

“What was unlawful yesterday is unlawful today. What was unlawful with the Oregon National Guard is unlawful with the California National Guard. The judge’s order was not some minor procedural point for the president to work around like my 14-year old does when he doesn’t like my answers,” Rayfield said at a news conference late Sunday afternoon. He was joined by Gov. Tina Kotek and Portland Mayor Keith Wilson.

If the stay is denied, Oregon troops will be sent home from Camp Rilea in Warrenton, where they’ve been waiting for about a week under orders from Trump and U.S. Northern Command, a joint federal military command based in Colorado.

“They are pawns in this situation, political pawns in this situation. And I would like to send our troops home to their families, to their jobs,” Kotek said.

The newly arrived California Guard troops are currently waiting at Camp Withycombe in Happy Valley, Kotek said, and she expects 99 more will come to the camp Sunday about 20 miles from the ICE processing facility where mostly small and peaceful protests have gone on for months. If they are ordered to the ICE facility Sunday night where protests are ongoing, Kotek said, she cannot do anything to stop it absent a court order. Oregon, California and Portland also asked the federal district court on Sunday for a Temporary Restraining Order barring those troops from being activated, which could take several days to be decided by Immergut.

California Gov. Gavin Newsom said in a statement early Sunday that up to 300 soldiers were being sent to Oregon on Trump’s orders. Those troops are also under the orders of U.S. Northern Command. Kotek said she does not know what their mission is, and Trump and his administration have not communicated with her at all about the deployment.

“This afternoon, I sent a message to Northern Command, directing them to obey the Oct. 4 court ruling from yesterday and take no further action regarding Oregon,” Kotek said. “I also directed that those troops that will be at Camp Withycombe should be restricted to that facility and that the California National Guard troops should be sent home as soon as possible.”

Protests have continued outside the ICE facility in Portland, with about 100 people on the streets Saturday night.

At one point during the evening, federal agents used chemical irritants to push protesters a block away from the facility onto city street, far from the federal property where the officers’ enforcement authority is limited.

Unknown individuals were also allowed onto the property by federal officials to film cell phone videos from the ICE building’s roof, as protestors were sprayed with chemical gases indiscriminately.

A Portland Police spokesperson said local law enforcement were not aware of or assisting with the federal agents’ actions.

The ramping up of federal pressure on Portland has coincided with a similar display of force in Chicago over the past few days. During a speech to military officials last week, Trump said he wanted to use Democratic cities as “training grounds” for the military.

Wilson, Portland’s mayor, said the actions by federal troops at the ICE facility Saturday evening were “beyond the pale.”

“We saw unjustified uses of force; We saw the shoving of peaceful veterans and elderly people to the ground; Indiscriminate use of impact munitions to disperse an otherwise peaceful crowd; Indiscriminately discharging pepper spray. We saw a sniper on the roof of the ICE facility,” he said at the news conference. He said the city would file a complaint with the U.S. Department of Justice’s Civil Rights Department.

“I’m so disappointed that we’ve had to spend our valuable time on this matter. We have so many hard and important challenges in Portland and in Oregon and the United States, and this is a situation that we didn’t ask for,” Wilson said. “It certainly wasn’t invited.”

Editor-in-Chief Julia Shumway contributed to this report.  This story first appeared on Oregon Capital Chronicle.

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