Could Trump deploy Oregon National Guard if immigration protests escalate?

PORTLAND Ore. (KPTV) – If protests break out in Oregon in response to federal immigration raids, President Donald Trump could legally mobilize the state’s National Guard, like he has done recently in Los Angeles.

Federal law grants the president authority to federalize a state’s National Guard under Title 10 of the U.S. Code, Section 12406, in situations of “insurrection, invasion, or rebellion,” or when it becomes “impracticable” to enforce federal law by regular means. In such a scenario, Guard troops are placed under federal control, though their roles would be largely restricted to protecting federal personnel or property. They would not be allowed to arrest civilians due to the Posse Comitatus Act, which prohibits the use of federal military forces in domestic law enforcement.

This means, that if Trump evoked this authority during immigration-related unrest, Oregon’s Guard troops could not act as police officers.

The president also has access to the Insurrection Act, a more sweeping statue that allows deployment of active-duty military or federalized Guard troops without a governor’s consent.

While this law has rarely been used, it could theoretically be used if civil disorder severely threatened federal operations.

There have been ICE protests in Portland recently, but they have been largely peaceful.

On Monday, during a press conference, Gov. Tina Kotek indicated she would push back against any such actions.

She described Guard troops being federalized in California as, “an alarming disregard for the safety of Americans and their ability to govern themselves.”

“The president’s unlawful actions undermine our local authorities, who should be able to do their jobs without a federal intervention escalating and inflaming the situation,” said Kotek.

So, Trump has the authority, but his power is limited for how Guard troops can enforce the law. Any attempt to deploy the Guard to quell protests would also likely be met with lawsuits from the state of Oregon.

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