Montana AG Files Brief Supporting Trump as Judge Blocks Oregon Guard Deployment

HELENA, MT — Montana Attorney General Austin Knudsen is leading a 20-state coalition in federal court defending President Trump’s authority to deploy National Guard troops to protect federal immigration officers under attack in Portland, Oregon, as a constitutional crisis unfolds over immigration enforcement.

The legal battle escalated this week when a federal judge temporarily blocked Trump’s deployment of 200 Oregon National Guard members to protect Immigration and Customs Enforcement (ICE) agents facing months of violent protests. In response, Trump began deploying National Guard units from California and Texas to Oregon, prompting the judge to express being “certainly troubled” by what appeared to be defiance of her order.

Knudsen’s coalition filed an amicus brief Wednesday in the Ninth Circuit Court of Appeals, arguing that violent protesters in Portland are creating a “war zone” that threatens federal officers and impedes immigration law enforcement nationwide.

“I commend President Trump for stepping in to protect his federal officers in Portland, while local officials stand idly by and allow lawlessness in their state and city,” Knudsen said. “It is not a peaceful protest when the safety of law enforcement officers is threatened by arson, assault, and anarchy.”

Federal Officers Under Siege

The 18-page brief documents escalating violence at Portland’s ICE facility that began intensifying in June 2025. Protesters have broken through glass doors with poles, started fires, barricaded facility driveways, and thrown rocks, trash, and bricks at federal officers, according to court documents.

Since June 13, twenty-two defendants have been charged with federal crimes including assaulting federal officers, arson, possession of destructive devices, and destruction of government property. The ICE facility was forced to close for three weeks after violence intensified in June.

Local residents near the facility describe nightly protests as creating a “war zone” atmosphere, with one telling reporters that protesters act as “vagrants on the street” making noise constantly, even when ICE agents aren’t present.

Despite the documented violence, Portland Mayor Keith Wilson has rejected federal assistance, stating that “the number of necessary troops is zero, in Portland and any other American city.” Oregon Governor Tina Kotek told Trump “in very plain language” that “there is no insurrection or threat to public safety that necessitates military intervention.”

The brief notes that Portland police declared they would not help clear barricades from the ICE facility driveway, forcing federal authorities to protect their own officers without local assistance.

Interstate Impact on All States

The attorneys general argue that Portland’s problems affect every state when immigration enforcement is obstructed. The brief contends that states already bear billions in costs related to illegal immigration, including incarceration, healthcare, and education expenses for criminal aliens who should be deported.

“The problems posed to the State[s] by illegal immigration must not be underestimated,” the brief states, citing Supreme Court precedent that limits states’ ability to address immigration issues independently.

The coalition warns that endorsing violent protests in Oregon could encourage similar tactics nationwide, referencing anti-ICE riots in Los Angeles that cost taxpayers an estimated $30 million. The brief also details a September sniper attack on a Dallas ICE office that killed three people, with shell casings containing “anti-ICE messages” and the shooter leaving notes hoping to “give ICE agents real terror.”

Legal Precedent Supports Federal Authority

The brief argues that Trump’s deployment falls within established legal precedent, citing the Ninth Circuit’s ruling in Newsom v. Trump, which upheld similar National Guard federalization in California. Federal law allows the president to federalize National Guard units when regular forces cannot execute federal laws due to obstruction.

The coalition emphasizes that Trump’s deployment of 200 Guard members represents a measured response compared to the thousands deployed in California, demonstrating what they call “honest judgment” within presidential authority.

The 20-state coalition includes attorneys general from Iowa, Oklahoma, South Carolina, Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Nebraska, Ohio, South Dakota, Texas, and West Virginia, representing a significant portion of the nation’s state law enforcement leadership.

Constitutional Showdown Continues

The temporary restraining order blocking Oregon’s National Guard deployment expires October 18, with a potential extension hearing October 17 and a preliminary injunction hearing set for October 29. The case remains on appeal to the Ninth Circuit, where Montana’s coalition brief directly supports Trump’s position.

Federal District Judge Karin Immergut, a Trump appointee, ruled that Oregon and Portland “are likely to succeed on their claim that the President exceeded his constitutional authority.” However, the coalition’s brief argues that months of documented violence against federal officers clearly justifies presidential intervention under federal law.

The brief notes that Trump’s administration has designated Antifa as a domestic terrorist organization due to its “calls for the overthrow of the United States Government, law enforcement authorities, and our system of law” and organized campaigns to “obstruct enforcement of Federal laws through armed standoffs with law enforcement, organized riots, violent assaults on Immigration and Customs Enforcement [ICE] and other law enforcement officers.”

As the legal battle continues, Montana’s leadership in the 20-state coalition positions the state at the forefront of defending federal immigration enforcement authority against what supporters see as coordinated efforts to obstruct lawful deportation operations.

Montana has consistently taken aggressive positions on immigration enforcement. Earlier this year, Governor Gianforte signed House Bill 278, requiring law enforcement officers to check immigration status during lawful stops and report undocumented individuals to federal authorities. The law took effect October 1 and is now facing legal challenges from immigrant advocacy groups.

Attorney General Knudsen also signed an agreement with the Trump administration in February allowing Montana Highway Patrol troopers and state agents to assist federal immigration enforcement directly.

The case represents a broader constitutional test of presidential power to enforce immigration law when local officials refuse to assist or actively obstruct federal operations.