Multnomah County late Monday, Oct. 6, joined 39 other local governments and 60 elected officials in a legal briefing that backs the City of Portland and the State of Oregon’s lawsuit to block the federal government from deploying National Guard troops to Portland.
The amicus brief, led by the Oakland, Calif.-based Public Rights Project, follows a pair of rulings from a U.S. District Court judge — including an extraordinary emergency ruling Sunday night — that granted temporary restraining orders barring President Donald Trump from deploying troops to Portland from Oregon or any other state.
“The district court correctly concluded that both temporary restraining orders are warranted,” the brief says. “No legal authority or factual justification exists in this record for appellants to federalize the Oregon National Guard and attempt to invade another U.S. city.”
Comments from the Multnomah County Board of Commissioners
Chair Jessica Vega Pederson said: “Multnomah County stands united with our partners at the State and City, and is here to lend our legal support to challenge the unconstitutional and authoritarian actions of the Trump administration. I’m extremely proud of the many ways Portlanders have come together to protect our home and push back on these ridiculous bullying tactics — from the courts to peaceful protest. Multnomah County will continue to do everything in its power to safeguard our rights and oppose federal overreach.”
District 1 Commissioner Meghan Moyer said: “It is vitally important that we stand in defense of the Constitution and the important principle that the president cannot nationalize the National Guard against U.S. cities and counties.”
District 2 Commissioner Shannon Singleton said: “This federal overreach is not only illegal but also harmful to our community and American democracy. I stand firmly in support of this filing and pushing back against the attempts of this authoritarian regime to invade Portland and Multnomah County.”
District 3 Commissioner Julia Brim-Edwards said: “There is no insurrection. There is no war. There is no need for federal forces. The Portland Police Bureau is leading and managing the local law enforcement response. This is our home, and we will keep standing up for what’s right. I thank the other American cities and counties for standing with us in opposition to the unnecessary and unlawful deployment of troops in our City.”
District 4 Commissioner Vince Jones-Dixon said: “I applaud all of the efforts and solidarity to de-escalate the situation at the ICE facility in Southwest Portland. Oregon's communities could use resources from the federal government, but not for this. We have 99 problems, and safety around the ICE facility is not one of them. Our local law enforcement has it under control.”
Background on the lawsuit
The federal administration is now asking the 9th Circuit U.S. Court of Appeals to stay, pending an appeal, the restraining orders issued by Trump-appointed U.S. District Judge Karin Immergut. The 9th Circuit is expected to hear the administration’s request for a stay in a hearing at 9 a.m. Thursday.
The president announced on social media last month that he would send troops to what he falsely claimed was a “war-ravaged” Portland, in light of sporadic protests at a federal immigration facility in Southwest Portland. And on Sept. 29 he took steps to place dozens of Oregon National Guard members under federal control.
Judge Immergut blocked that deployment in an initial ruling Saturday, Oct. 4, noting the protests around the immigration facility “were generally peaceful” and did not exceed the capabilities of local law enforcement to manage.
“This is a nation of Constitutional law, not martial law,” Judge Immergut ruled. “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.”
She verbally issued a similar ruling Sunday, Oct. 5, when the administration instead moved to send in Guard members from California and Texas.