The cities of Oakland and Portland, Oregon 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. 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 anti-commandeering doctrine of the Tenth Amendment, which says that the federal government cannot require states or state officials to adopt or enforce federal law.
In a statement Thursday, the Department of Homeland Security criticized the lawsuit.
“Yet again, dangerous politicians and fringe special interest groups have ginned up a meritless lawsuit. They aim to harm President Trump and distract from his law and order agenda,” the department said. “Department of Homeland Security have acted entirely lawfully. Instead of condemning the violence we are seeing across the country, these politicians focus on scoring cheap political points to the detriment of the American people.”