HB 4091
Allows the Adjutant General to facilitate, assist or coordinate in the mobilization of the Oregon National Guard under Title 10 of the United States Code or Title 32 of the United States Code under an authority other than the Governor, only if the active service is for certain listed reasons.
Jurisdiction
Oregon
Session
2026 Regular Session
Committee
Veterans, Emergency Management, Federal and World Affairs
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Sign in to take actionPublic sentiment
Support
59%
Oppose
41%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill modifies how the Oregon National Guard can be mobilized. It allows the Adjutant General to assist with mobilization under certain federal titles (10 or 32) but only if the active service is for specific reasons like congressionally authorized operations, national disasters, or training. The bill also restricts mobilization for law enforcement or immigration duties and prevents mobilization that would hinder the National Guard’s ability to respond to statewide emergencies. Finally, it prohibits out-of-state military forces from conducting duty within Oregon without the Governor’s consent or a federal active duty status.
Sponsors
Official sponsors from legislative records.
Primary sponsors
James Manning Jr.
Arguments in favor
Reasons to support this legislation.
Supporters of HB 4091 generally agree that clarifying the relationship between federal and state roles regarding the activation of the Oregon National Guard is crucial for ensuring government accountability, public trust, and protecting state sovereignty. Many the need for guardrails to prevent potential misuse by the federal government, particularly in regards to immigration enforcement or routine law enforcement duties. They also highlight the importance of maintaining order and stability, prioritizing resident safety during emergencies, and safeguarding jurisdiction and public safety. By establishing clear guidelines for National Guard mobilization terms and authority, supporters believe that Oregon can better protect its autonomy and prevent overreach by the federal government, ultimately ensuring the state's role in supporting its citizens is respected and preserved.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
The opposition to HB4091 is centered on concerns that the bill would entrench Oregon's sanctuary status, creating confusion and potential federal law violations. Many that federal law supersedes state law under the supremacy clause, making Oregon's proposed sanctuary status unconstitutional. Others express concern about the potential for state officials to resist federal orders related to immigration enforcement, highlighting the importance of obeying federal authorities to avoid consequences. Additionally, some the bill would undermine the autonomy of states in managing their own National Guards and subvert the law of the land by nullifying the distinction between state and federal authority over the National Guard. They emphasize that the National Guard is a 'national' entity with each state having its own 'national' guard, and that nullifying this distinction would be unconstitutional.
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