Attorney General Ellison supports Oregon’s court fight to stop Trump’s National Guard deployment to Portland

Joins coalition of 24 attorneys general and governors in amicus brief in Oregon’s lawsuit to stop Trump’s illegal deployment of the military to patrol a peaceful city

October 10, 2025 (SAINT PAUL) — Minnesota Attorney General Keith Ellison announced today that he has joined a coalition of 24 attorneys general and governors in support of Oregon’s court challenge to the Trump administration’s latest attempts to illegally use the military for civil law enforcement. Attorney General Ellison and the coalition filed an amicus brief in State of Oregon vs. Donald Trump, Oregon’s lawsuit to stop Trump’s illegal deployment of the military in Portland.

In this case and others in which the president has illegally deployed the National Guard to American cities, the president has relied on bombastic rhetoric and lies as pretext for taking military servicemembers from their homes to patrol cities like Portland that are not in crisis — but that are located in states that voted against the president. Governors and attorneys general from eight states that voted for Trump in 2024 are part of the coalition supporting Oregon.

On October 4 and October 5, a federal judge granted the State of Oregon’s motions for a restraining order that temporarily prevents the administration from deploying the Guard in Oregon. U.S. District Judge Karin Immergut, a Trump appointee, said the federal government’s arguments are “simply untethered to the facts” and “risk blurring the line between civil and military federal power — to the detriment of this nation.”

“I’m proud to stand firmly in support of Oregon, as well as California and the District of Columbia, in their challenges to Trump’s clearly illegal and entirely politicized deployment of troops to American cities like Portland,” Attorney General Ellison said. “I want Minnesotans to know that we will be ready for whatever the president may do — we’re reviewing all possible legal strategies, we’re in regular contact with the states going through this now, and we’ll be ready to uphold the law, including the Posse Comitatus Act of 1878 that bars the president from using the military as a police force.

“It’s unprecedented and outrageous that we have to plan for this. Every Minnesotan and every American should be concerned that we're moving further and further away from the realm of democracy,” Attorney General Ellison added.

In the amicus brief, Attorney General Ellison and the coalition support Oregon’s arguments that a central principle of the rule of law is that the military is subordinate to civilian authority. The president’s unlawful and unconstitutional use of the military has exacerbated safety issues and threatened constitutionally protected activity under the First Amendment. Moreover, the president’s actions undermine the role of local law enforcement and state sovereignty by sending federalized troops into our communities against the will of local populations.

Minnesota and the states that are part of the coalition also have an interest in ensuring their National Guards are available to perform the essential services they provide the states on an ongoing basis. They provide critical services responding to natural disasters, counter-drug operations, and cybersecurity support, among other daily contributions to public safety. This unlawful federalization pulls volunteer service members away from performing vital services, and states are not in a position to replace them.

Moreover, state attorneys general continue preparations to defend their states from this illegal federal overreach should the administration continue the illegal deployments directed to Oregon, California, the District of Columbia, and elsewhere.

Joining Attorney General Ellison in the amicus brief are the attorneys general of Washington and Maryland, who co-led the coalition, and the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin. The governors of Kansas, Kentucky and Pennsylvania also joined the filing.