Oregon
Donald Trump makes emergency appeal against Oregon National Guard block
The Trump administration’s use of federal law to take control of state National Guard units and deploy them to Oregon and Illinois has triggered a wave of legal challenges that now test the limits of presidential authority in domestic security.
In Oregon, U.S. District Judge Karin Immergut permanently blocked the deployment to Portland, finding after a three-day hearing that the administration failed to meet the statutory requirements of § 12406 and violated the Tenth Amendment.
Newsweek contacted the DOJ and the office of the governors of Illinois and Oregon for comment via email outside of normal office hours on Monday.
Why It Matters
The escalating court battles over President Trump’s federalization of National Guard units in Illinois and Oregon matter because they will determine how far a president can go in deploying military forces inside the United States without state consent.
At stake are the limits of presidential authority under 10 U.S.C. § 12406, the ability of states to control their own Guard units and the degree to which courts can review a president’s judgment in domestic security matters.
The outcomes will set precedent not just for these disputes, but for how future administrations respond to protests, unrest and conflicts with state governments.
What To Know
Oregon At The Center Of The Fight
Oregon is now the central battleground in the fight over President Trump’s authority to federalize and deploy National Guard units under 10 U.S.C. § 12406.
After a three-day hearing, U.S. District Judge Karin Immergut permanently enjoined the administration from deploying any federalized Guard troops to Portland, holding that the President’s actions violated both § 12406 and the Tenth Amendment.
In the government’s emergency stay request now before the Ninth Circuit, federal officials portray Portland as a sustained security crisis, asserting that immigration facilities had “come under coordinated assault by violent groups intent on obstructing lawful federal enforcement action,” and arguing that “violence and threats of violence recurred more-or-less continuously,” including incidents where protesters “started fires,” “assaulted officers” and “hurled mortars at the facility.”
Oregon officials sharply dispute that rationale.
Oregon Governor, Tina Kotek is on record as saying: “I think it’s incredibly dangerous to take our citizen soldiers and to deploy them in our streets, without a real reason. The facts on the ground… do not warrant [this]. There’s not an insurrection. This is not a rebellion. This is not a national security threat,”
She added: “This is a fundamental issue for our democracy, about what the control and authority of the president is, and what the court says it is. The rule of law has to hold,” saying: “This is not a factual need on the ground in Oregon… This is an unlawful militarization of our troops here.”
However, Attorney General Dan Rayfield welcomed the ruling, saying, as per Statesman Journal: “From the start, this case has been about making sure that facts—not political whims—guide how the law is applied,” and insisting that the decision “made it clear that this administration must be accountable to the truth and to the rule of law.”
National Guard In Limbo As States Push Back
Even after the injunction, the Guard remains caught between state and federal authority.
About 200 members of the Oregon National Guard will remain under federal control, as reported by Oregon Capital Chronicle, but cannot yet be deployed to Portland, “…the effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed,” the judges wrote.
The Oregon standoff, however, has also drawn national scrutiny.
In an October 7 letter to Texas Governor Greg Abbott, members of Congress warned that cross-state deployments for domestic policing “violate the rule of law” and “set a dangerous precedent that states can police one another’s communities.”
Illinois Case Echoes Oregon—But On Narrower Grounds
Illinois faces a similar but narrower dispute. Unlike Oregon—where the administration attempted to bring in out-of-state Guard units—the Illinois case involves only the attempted federalization of the Illinois National Guard.
The Seventh Circuit is reviewing the administration’s appeal after a district court temporarily blocked federalization of the Illinois National Guard, finding “insufficient evidence of rebellion or a danger of a rebellion” and insufficient evidence that the President was “unable with the regular forces to execute the laws of the United States.”
The court of appeals wrote that “the facts do not justify the President’s actions in Illinois under § 12406.”
Illinois has also presented evidence that local police effectively managed protests near an ICE facility, including an ICE official’s email noting that agents “had not needed to interact with any protesters at all” because state and local officers “were handling everything.”
Across both states, the administration continues to argue that the President’s determinations under § 12406 deserve extraordinary judicial deference.
In a November 10 supplemental brief to the Supreme Court, the Solicitor General’s office asserted that the term “regular forces” refers to “the civilian forces with whom the President regularly executes the relevant laws,” and insisted that courts cannot “second-guess the Commander in Chief’s judgment.”
With appellate proceedings active and the Supreme Court weighing the meaning of “regular forces,” the legal boundaries of presidential power in domestic military deployment remain unsettled and consequential, according to Washington Examiner.
What People Are Saying
Donald Trump/the White House said, as per Military Times: “I am also authorizing Full Force, if necessary.”
Oregon Attorney General Dan Rayfield said in a statement: “From the start, this case has been about making sure that facts—not political whims—guide how the law is applied,” adding “The district court’s ruling made it clear that this administration must be accountable to the truth and to the rule of law.”
J.B. Pritzker. Governor of Illinois, October 4, 2025, said: “For Donald Trump, this has never been about safety. This is about control.”
What Happens Next
Appellate courts in the Seventh and Ninth Circuits—and likely the Supreme Court—must now decide whether President Trump can continue federalizing and deploying National Guard units over state objections, leaving troops in a suspended status while states pursue additional legal challenges and the administration presses its argument for broad presidential discretion under 10 U.S.C. §12406.
The outcomes will determine if deployments resume, remain blocked or trigger a broader constitutional ruling on the limits of federal power in domestic security.
JACKSON COUNTY, Ore. (KATU) — Additional firefighting resources are being sent to the fast-moving East Evans Creek Road fire in Jackson County as the blaze grows and threatens homes and nearby communities.
In a statement posted at 6:26 a.m. on July 11, the Oregon State Fire Marshal said it is mobilizing four structural task forces and its Blue Incident Management Team to support local response efforts. The fire sparked Friday and “quickly grew to over 1,500 acres,” the agency said.
By Saturday morning, the Oregon Department of Forestry’s Southwest Oregon District estimated the fire at approximately 2,000 acres. Firefighters are working on private and Bureau of Land Management lands about 26 miles north of Medford near the 18000 block of East Evans Creek Road.
The fire was reported Friday afternoon just after 2:40 p.m., according to ODF, when dispatch received a report of a car crash involving a power pole and a downed power line.
Firefighters arrived to find fire burning in nearby vegetation. ODF and the Jackson County Sheriff’s Office are conducting a further investigation into the incident.
Evacuation information
Evacuation orders remained in place as of the Jackson County Sheriff’s Office morning update on Saturday. The sheriff’s office issued Level 3 “Go Now,” Level 2 “Be Set” and Level 1 “Be Ready” evacuation notices for areas surrounding the fire.
Evacuation Level 3 Go Now: JAC-148A
Evacuation Level 2 Be Set: JAC-016, JAC-124, JAC-147, JAC-148B
Evacuation Level 1 Be Ready: JAC-003, JAC-004, JAC-017, JAC-026, JAC-036, JAC-109, JAC-126, JAC-149B
The above zone names can be understood by visiting the following map through Genasys Protect at protect.genasys.com. The map lets users plug in their address to see what zones are under evacuation.
The state fire marshal urged people looking for further evacuation information to follow the local sheriff’s office or check the map at the following website with the latest evacuation information: Jacksoncountyor.gov.
An evacuation shelter for residents and domestic pets has been established at Hanby Middle School, 806 6th Avenue, Gold Hill.
Road closures and traffic blocks remained in effect. The Jackson County Sheriff’s Office said there is an additional roadblock at the 8 mile marker of Antioch Road.
Traffic remains blocked on East Evans Creek Road at Meadows Road on the east side and West Fork Evans Creek Road on the west side. ODF also reported traffic is blocked on East Evans Creek Road at Meadows Road, and said residents will be allowed through the closure when it is safe to do so. The public is asked to avoid the area to allow firefighters and heavy equipment to operate safely.
Livestock shelters
Livestock sheltering options are also available. Horses can be taken to the Jackson County Expo at 21 Peninger Road in Central Point, where expo staff and volunteers are prepared to receive horses. Owners are asked to bring feed, water containers and any necessary medications when possible. Josephine County Fairgrounds can take pigs, goats and smaller animals at 1451 Fairgrounds Road, Grants Pass, OR 97527. Anyone needing livestock sheltering assistance can call 541-776-7206.
Emergency Conflagration Act invoked
Gov. Tina Kotek invoked the Emergency Conflagration Act on Friday night for the East Evans Creek Road Fire in Jackson County, allowing the Oregon State Fire Marshal to mobilize additional resources through the Oregon Fire Mutual Aid System.
The Jackson County Fire Defense Board chief requested assistance with life, safety and structural fire protection, and the state fire marshal concurred with that request.
The agency said it is the first time the Emergency Conflagration Act has been invoked in 2026.
Task forces from Lincoln, Linn, Marion and the south coast—Coos, Curry, Lane and Douglas counties—are being mobilized, according to the state fire marshal. Those resources will join a task force from Klamath County and a strike team from Douglas County that were mobilized Friday evening through Immediate Response to support local structural resources.
“This fire is a reminder how quickly things can change with the dry conditions we have across the state,” Oregon State Fire Marshal Chief Deputy Travis Medema said. “We have a long way to go this fire season, and I ask every Oregonian to do their part to prevent wildfires.”
ODF said warm, dry and breezy conditions were expected to continue across southwest Oregon Saturday, increasing the potential for active fire behavior and spotting.
More than 400 personnel were assigned to the incident Saturday, including 20-person hand crews, engines, dozers, water tenders, heavy equipment, aviation resources and structural task forces, according to ODF. Aviation resources include one Type 3 helicopter with Air Attack, three Type 2 helicopters and two Type 1 helicopters.
Firefighters worked through the night strengthening fire line, reinforcing wet line and mitigating hazardous snags, ODF said. Saturday’s objectives include reinforcing and strengthening existing fire line, extending hose lays along East Evans Creek Road and improving access for firefighters working throughout the incident. Crews are operating in steep terrain, across an old burn scar and around numerous hazard trees.
The Oregon State Fire Marshal Blue Incident Management Team is expected to be in unified command with the Oregon Department of Forestry Team 1, according to the state fire marshal. ODF said Incident Management Team 1 will assume command of the incident this evening, citing the fire’s size and complexity and the need to maintain initial attack capability across southwest Oregon.
Traffic is blocked on East Evans Creek Road at Meadows Road, ODF said. Residents will be allowed through the closure when it is safe to do so, and the public is asked to avoid the area to allow firefighters and heavy equipment to operate safely.
ODF said updates on the East Evans Creek Fire will be provided each morning and evening on their Facebook page at ODF Southwest Oregon District, with additional updates shared throughout the day as significant information becomes available.
Sign up for emergency alerts from Jackson County at this link: Jacksoncountyor.gov.
Gert Zoutendijk, a public information officer for the Oregon State Fire Marshal’s Blue Team, confirmed the fire was caused by a downed power line that came down because of a motor vehicle crash.
Zoutendijk said an Oregon Department of Forestry local unit engine was on scene “within 30 seconds,” rendered aid to passengers and noticed the fire started.
As of today, fire officials were estimating the blaze at around 2,000 acres, though Zoutendijk said that number could change because crews have not yet been able to get an infrared flight to confirm the perimeter. An infrared flight was planned for tonight, and the acreage estimate could go up or down once the fire line is mapped more accurately.
Firefighting resources include both wildland and structural protection teams. Zoutendijk said local fire departments and districts have been overwhelmed protecting structures, and the Oregon State Fire Marshal has sent a conflagration delegate. Zoutendijk said six different counties sent resources from five different fire agencies—equipment and firefighters—on the structural side. On the wildland side, Zoutendijk said resources include the Oregon Department of Forestry, the Bureau of Land Management and private resources.
He said the total number of firefighters on the fire, not including structural firefighters who arrived today, was reported at 750.
Evacuations were in place at multiple levels. Zoutendijk said a briefing mentioned that in Level 3 evacuation zones, approximately 100 people were evacuated or affected, including 73 structures. Zoutendijk noted those structures are not all homes and could include commercial buildings. In Level 2 zones, Zoutendijk said about 166 structures were affected, including about 300 people.
Zoutendijk said Gov. Kotek invoking the Conflagration Act allows the state to send additional resources when local fire jurisdictions are overwhelmed and cannot safely and adequately protect their communities.
He stated that local agencies requested resources from the state yesterday because conditions changed quickly. Two task forces arrived and began work, and additional resources were brought in today after the conflagration was enacted last night, including four task forces from four different counties. Those resources are intended to focus on protecting structures in and around threatened areas and to relieve local jurisdictions so they can return to day-to-day emergency response.
Zoutendijk urged Oregonians statewide to sign up for emergency alerts through local fire agencies, emergency management offices, counties or cities, saying the systems can send evacuation notices and other emergency messaging for large-scale incidents.
McMinnville man John Nelson rescued in Mount Jefferson Wilderness
Retired McMinnville doctor John Nelson was rescued from the Mount Jefferson Wilderness after going missing, the Marion County Sheriff’s Office said.
Beaches from Tillamook Head to the Columbia River will close to razor clam harvesting on July 15.
The closure happens annually on all Clatsop County beaches, an 18-mile stretch of Oregon’s northernmost coast, to allow juvenile razor clams a summer growth window.
The harvest is expected to resume on Oct. 1, “unless there is a closure for toxin levels,” the Oregon Department of Fish and Wildlife explained.
According to ODFW shellfish biologist Matt Hunter, 90% of Oregon razor clams are harvested along this stretch of coast. The closure, first established in the late 1960s, protects juvenile razor clams that utilize the summer months to feed on phytoplankton – a staple food source.
The closure doesn’t apply to razor clams below Clatsop beaches. Alternative harvesting spots include Agate Beach, Waldport Beach, Whiskey Run Beach and Meyers Creek Beach. Bay clams and muscles will remain open for harvesting.
A shellfish license is required to harvest clams and crab in Oregon. Clammers must have their own container and dig for their own clams. The daily limit is 15 clams, regardless of size or condition.
Before clamming, people should call the Shellfish Biotoxin Hotline at 1-800-448-2474 or check ODFW’s recreation report for biotoxin closures.
Riley Ellis is an outdoor intern at the Statesman Journal. He can be reached at rellis@statesmanjournal.com.
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