Cities of Oakland, Portland sue over use of federal agents at protests

The cities of Oakland and Portland, Oregon, have suedtheU.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 fromcity officials. The federal deputations have meant protesters arrested by local police could face federal charges, which generally carry stiffer penalties.

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

The Justice Department declined to comment and the Department of Homeland Security didn’t respond to a request Thursday. In the past, acting DHS 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.