2 cities sue over use of agents at protests

The cities of Oakland, Calif., and Portland, Ore., have sued the U.S. Department of Homeland Security and the Justice Department, alleging that the agencies are overstepping constitutional limits in their use of federal law enforcement officers to tamp down on protests.

The lawsuit, filed late Wednesday in U.S. District Court in San Francisco, cites the deployment of U.S. agents this summer to quell protests in Portland and alleges the U.S. Marshals Service unlawfully deputized dozens of local Portland police officers as federal agents despite objections from city officials.

Protests over racial injustice and police brutality have roiled both cities since the death of George Floyd and drawn attacks from President Donald Trump, who threatened to send federal resources to restore law and order.

The use of federal agents is a major shift in policy and threatens the independence of local law enforcement, according to the lawsuit. The complaint cites the anti-commandeering doctrine of the 10th Amendment, which says that the federal government cannot require states or state officials to adopt or enforce federal law.

The Justice Department and the Department of Homeland Security did not immediately respond to requests for comment Thursday. In the past, acting Homeland Security Secretary Chad Wolf has been a vocal defender of the administration’s response to the civil unrest in Portland

The Trump administration says the work of the federal agents is limited to federal property but “the activities in cities such as Portland instead reveal a distinct and meaningful policy shift to use federal enforcement to unilaterally step in and replace local law enforcement departments that do not subscribe to the President’s view of domestic ‘law and order.’”

The allegations of constitutional overreach focus on the federal government’s actions in Portland, but Oakland joined the lawsuit because of concerns that the Trump administration might send U.S. agents to Oakland or deputize police officers there as well, court papers show.