Oregon Attorney General Dan Rayfield on Monday criticized a Ninth Circuit decision that opened the door for President Donald Trump to deploy federalized Oregon National Guard soldiers to Portland as a chilling expansion of executive power. The court granted the federal government’s request to stay a temporary restraining order halting the deployment, according to the Oregon Department of Justice.
In a statement, Rayfield warned the decision “would give the president unilateral power to deploy Oregon troops onto our streets with virtually no justification,” and demanded prompt action en banc by the entire Ninth Circuit to vacate the stay, as reported by the Oregon DOJ. He asked Oregonians to keep Portland calm while the court fight continues.
The ruling follows weeks of demonstrations in front of a Portland ICE facility. A 2–1 decision by a federal appeals panel found the administration likely to prevail on the merits, citing strains on federal resources and public safety. Oregon officials, including Gov. Tina Kotek, plan to appeal.
Also on Monday, Rayfield asked a federal court to dismiss Marion County’s lawsuit challenging Oregon’s sanctuary law framework, arguing the statute already makes clear that local governments cannot release immigration information to ICE in response to administrative subpoenas without a judicial order. The motion claims there is no tension between federal and state law and that counties cannot bring constitutional challenges against their states in federal court, according to the Oregon DOJ.
“Oregon law is straightforward,” Rayfield said, noting that the Ninth Circuit has already ruled no preemption conflict exists with the state’s long-established sanctuary policies, as quoted by the Oregon DOJ. Under the framework reaffirmed by voters in 2021, public agencies must refuse to provide certain immigration data until ICE first obtains a judicial order enforcing its subpoena.
The Oregon DOJ is seeking en banc review of the Ninth Circuit’s stay on the Guard deployment and full dismissal of Marion County’s lawsuit. In the meantime, state leaders are urging restraint as the case proceeds.
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