Deployment disputes

A group of protesters advances slowly toward a row of federal law enforcement officers. Some wear animal costumes. One carries a bull horn and yells obscenities. Many are ­holding up their phones to film the agents. Scenes like this are a near-­constant outside the Immigration and Customs Enforcement (ICE) facility in Portland, Ore.

Once an unremarkable building that blended in with nearby high-rises, it now has windows covered with plywood for protection. The facility has become the epicenter of protests against the Trump administration’s immigration enforcement efforts. Portland’s extreme left political culture is diametrically opposed to Trump’s policies. “This is kind of ground zero for a clashing of world views,” said Damian Bunting, who works for Echelon Protective Services, a private security firm in Portland.

Tensions simmer constantly and regularly boil over into outright violence. During the summer, the facility had to close for several weeks due to the protests. On Sept. 27, Trump announced on Truth Social that he would send “all necessary troops” to the city. He aimed to protect the ICE facility which he said was “under siege from attack by Antifa and other domestic terrorists.”

Portland is one of at least 10 American cities where Trump has deployed or discussed deploying the National Guard. His efforts have faced local resistance and frequent legal setbacks, often getting blocked in court. Trump’s proposed deployments are pushing legal boundaries, but Mark Caleb Smith, professor of political science at Cedarville University, thinks the president “has a leg to stand on” in court.

The outcomes of the legal challenges will likely vary by city based on the local context. But the tensions over deploying the National Guard reflect deeper political divisions. Trump and his supporters believe the troops are needed to restore law and order to cities that are out of control. Critics see troops on American streets as a warning sign of authoritarianism.

American presidents regularly deploy the National Guard, usually without controversy. Guard troops often respond during natural disasters and occasionally during severe disruptions like the 1992 Rodney King riots in Los Angeles. The National Guard also serves in overseas conflicts and can supplement active duty military on American soil. Smith notes the National Guard could be deployed during a hypothetical invasion or rebellion.

When a president calls up the National Guard domestically, he usually works with the governor of the affected state, though not always. Smith cites the example of President Dwight Eisenhower. “During the civil rights crisis in the 1950s, he deployed elements of federal troops into Arkansas against the governor’s wishes in order to uphold some court orders involving desegregation,” Smith said.

It’s not always crystal clear when a president can legally deploy the National Guard. Smith said there are “a bundle of laws” relevant to the issue, which is one reason the orders have faced so many court challenges. “We just haven’t seen this kind of situation before,” Smith said, noting the context in each place matters. “That makes this all a lot more complicated because the courts are going to have to work through each of these cases.”

During his second term, Trump has ordered the National Guard to put boots on the ground in various U.S. cities, citing the need to fight crime and protect federal agents as they arrest illegal immigrants. He started in Washington, D.C., where he proclaimed a crime emergency in August. This came shortly after Trump administration staffer Edward Coristine was assaulted in Washington by around 10 juveniles during an attempted carjacking. Trump called up about 2,300 National Guard troops, and their deployment will continue through February, if not longer. This deployment held up in the courts because of Washington’s special legal status. “It functions under the direct supervision of Congress and the federal government in general,” Smith said. “A president can deploy the D.C. National Guard much more easily and uncontroversially than a state’s National Guard.”

Violent crime has dropped in Washington since the deployment, and Trump touted that success in a video message in September. He said the nation’s capital “was one of the worst and now it’s a crime-free city. And we’re going to keep it that way. It can be done. It can happen fast.” Trump offered to help other cities combat crime, adding all local officials have to do is tell him, “Mr. President, we need help.”

Tennessee Gov. Bill Lee, a Republican, accepted that offer this fall. Trump deployed National Guard troops to Memphis in October to help bring down its high crime rates.

But the president has had a much harder time sending troops to states with Democratic governors. He deployed 4,000 guard troops and 700 Marines to Los Angeles in June, arguing they needed to protect ICE agents. California Gov. Gavin Newsom denounced the deployment as “purposefully inflammatory,” and took the administration to court. In September, a federal judge ruled the deployment violated the Posse Comitatus Act of 1878, which prohibits the military from performing law enforcement duties unless authorized by Congress. The case is still winding its way through the courts, and Smith expects the Supreme Court to weigh in eventually.

Despite that setback, Trump isn’t slowing down. In August, he asked the Pentagon to create specialized National Guard units in every state and territory that can respond rapidly to riots and civil unrest.

In Portland, Trump argued ICE agents needed the National Guard to do their jobs. Bunting of Echelon Protective Services said protesters routinely take over sidewalks, block traffic, play loud music, or throw fireworks. Virulent protests like the ones at the ICE facility have become routine in Portland during the last five years. Protesters barely need a pretext to hit the streets. “We generally have that level of unrest all the time here in Portland somewhere, and it would be happening somewhere if it wasn’t at the ICE facility.” He said the city government gives the protesters free rein.

But after Trump put Portland under the spotlight, the local police have done more to keep order. Terri Wallo Strauss, a Portland police spokesperson told me the city deployed an Incident Management Team in September that includes dialogue liaison officers, a sound truck, and air support. Bunting said the change is noticeable: “I’ve seen more active enforcement in the last maybe 2½ to three weeks than I have in a long time.”

When the protests were at their peak, Trump had a strong legal case for calling up the National Guard. But now that the local police are doing more to keep order, Smith said it will be harder for Trump administration lawyers to argue the troops’ presence is needed.

Bunting thinks even if courts rule the National Guard deployment legal, it won’t address Portland’s bigger issues with homelessness, shoplifting, theft, and vandalism. But he doubts Oregon’s left-wing leaders will ever accept the presence of troops sent by Trump. “The local government and the state government, in my opinion, would rather see the entire state fail before they would accept any help.”