Case: State of Oregon v. Noem

6:26-cv-00186 | U.S. District Court for the District of Oregon

Filed Date: Jan. 28, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This action arose from consolidated litigation challenging the federal government's effective closure of AIRFAC Newport in Newport, Oregon. (Case Nos. 6:25-cv-02165 and 6:25-cv-02172) on the Clearinghouse here. After the State of Oregon amended its complaint to add claims concerning a proposed immigration detention facility on the Oregon coast and the City of Newport filed a separate lawsuit, City of Newport v. Noem (Case No. 6:25-cv-02396), challenging the same project, District Judge Ann Loui…

This action arose from consolidated litigation challenging the federal government's effective closure of AIRFAC Newport in Newport, Oregon. (Case Nos. 6:25-cv-02165 and 6:25-cv-02172) on the Clearinghouse here. After the State of Oregon amended its complaint to add claims concerning a proposed immigration detention facility on the Oregon coast and the City of Newport filed a separate lawsuit, City of Newport v. Noem (Case No. 6:25-cv-02396), challenging the same project, District Judge Ann Louise Aiken determined that the detention-facility claims were misjoined with the AIRFAC Newport claims. On January 29, 2026, the court severed Oregon's detention-facility claims and opened this action as a separate case.

On January 30, 2026, the State of Oregon filed this lawsuit against federal immigration officials in U.S. District Court for the District of Oregon. The state alleged that in 2025, defendants, including Secretary of Homeland Security Kristi Noem, the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), and ICE's acting director, began efforts to transform Newport Municipal Airport into an ICE detention facility capable of holding up to 200 noncitizens. After apparently abandoning those plans on December 4, 2025, defendants shifted their focus to other potential sites for a detention facility elsewhere on the Oregon Coast near Newport. Oregon claimed that defendants conducted these efforts without transparency or public process, ignoring information requests from local officials and Congress members, despite the area being environmentally sensitive with threatened and endangered species and tsunami risks. The state brought claims under the Administrative Procedure Act (APA), alleging violations of the Coastal Zone Management Act (CZMA) and National Environmental Policy Act (NEPA), and sought declarations that the defendants' actions were ultra vires, contrary to law, and arbitrary and capricious.

On February 19, 2026, the court granted an unopposed motion to consolidate this action with the City of Newport’s lawsuit, with this case as the lead case. On February 27, 2026, defendants moved to dismiss the complaint for lack of jurisdiction and failure to state a claim. On April 21, 2026, the court permitted Oregon Shores Conservation Coalition and Cascadia Wildlands, environmental advocacy organizations concerned about the potential environmental impacts of the proposed detention facility, to participate as plaintiff-intervenors. As of June 2026, defendants' motion to dismiss remains pending, and the court has not yet ruled on the merits of Oregon's claims.

This case is ongoing.

Summary Authors

Benjamin Glicksman (6/11/2026)

Claire Pollard (3/28/2026)

Related Cases

City of Newport v. Noem, District of Oregon (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72200938/parties/state-of-oregon-v-noem/


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Documents in the Clearinghouse

Document
2

6:26-cv-00186

Opinion & Order

State of Oregon v. Noem et al.

Jan. 29, 2026

Jan. 29, 2026

Order/Opinion

2026 WL 243675

1

6:26-cv-00186

Conforming Complaint

State of Oregon v. Noem et al.

Jan. 30, 2026

Jan. 30, 2026

Complaint
21

6:26-cv-00186

Opinion & Order

State of Oregon v. Noem et al.

April 21, 2026

April 21, 2026

Order/Opinion

2026 WL 1078199

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72200938/state-of-oregon-v-noem/

Last updated July 5, 2026, 3:33 a.m.

ECF Number Description Date Link Date / Link
2

OPINION AND ORDER. Answer is due by 2/13/2026. Signed on 1/29/2026 by Judge Ann L. Aiken. (ck) (Entered: 02/02/2026)

Jan. 29, 2026

Jan. 29, 2026

Clearinghouse
1

Complaint. Conforming Complaint Filing fee in the amount of $405 collected. Agency Tracking ID: BORDC-10146954 Jury Trial Requested: No. Filed by State of Oregon against Todd M. Lyons, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Attachments: # 1 Attachment). (Marshall, Brian) (Entered: 01/30/2026)

1 Attachment

View on PACER

Jan. 30, 2026

Jan. 30, 2026

Clearinghouse
3

CASE MANAGEMENT ORDER. Signed on 2/2/2026 by Judge Ann L. Aiken. (ck) (Entered: 02/02/2026)

Feb. 2, 2026

Feb. 2, 2026

RECAP
4

Motion to Intervene . Eric McCord Wriston,Eric McCord Wriston,Meriel L. Darzen for Oregon Shores Conservation Coalition,Eric McCord Wriston,Meriel L. Darzen for Cascadia Wildlands. Filed by Oregon Shores Conservation Coalition, Cascadia Wildlands. (Attachments: # 1 Exhibit) (Wriston, Eric) (Entered: 02/03/2026)

1 Exhibit

View on PACER

Feb. 3, 2026

Feb. 3, 2026

RECAP
5

Unopposed Motion to Consolidate . Elizabeth Kinsman,Keith A. Ketterling,Lydia Anderson-Dana,Elizabeth Kinsman,Anuj Shah,Chloe Jasper,Tiffany A. Johnson,Elizabeth Kinsman,Keith A. Ketterling,Lydia Anderson-Dana,Anuj Shah,Chloe Jasper,Tiffany A. Johnson for City of Newport. Filed by City of Newport. (Kinsman, Elizabeth) (Entered: 02/03/2026)

Feb. 3, 2026

Feb. 3, 2026

6

Motion for Extension of Time to Answer Complaint, 1 . Filed by United States Immigration and Customs Enforcement, Todd M. Lyons, United States Department of Homeland Security, Kristi Noem. (Luse, Susanne) (Entered: 02/06/2026)

Feb. 6, 2026

Feb. 6, 2026

7

Response to Motion for Extension of Time to Answer Complaint, 1 6 . Filed by State of Oregon. (Marshall, Brian) (Entered: 02/06/2026)

Feb. 6, 2026

Feb. 6, 2026

8

ORDER by Judge Ann L. Aiken GRANTING Motion for Extension of Time to Answer Complaint 6 . Answer is due by 2/27/2026. (bd) (Entered: 02/10/2026)

Feb. 10, 2026

Feb. 10, 2026

Order on Motion for Extension of Time to Answer a Complaint/Petition

Feb. 10, 2026

Feb. 10, 2026

9

Response in Opposition to Motion to Intervene 4 . Filed by Todd M. Lyons, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Duffy, Sean) (Entered: 02/17/2026)

Feb. 17, 2026

Feb. 17, 2026

10

ORDER: Granting Unopposed Motion to Consolidate 5 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 02/19/2026)

Feb. 19, 2026

Feb. 19, 2026

Order on Motion to Consolidate

Feb. 19, 2026

Feb. 19, 2026

11

Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim . Filed by United States Immigration and Customs Enforcement, Todd M. Lyons, United States Department of Homeland Security, Kristi Noem, Todd Lyons, United States Immigration and Customs Enforcement, Kristi Noem, Kevin Lunday, United States Coast Guard. (Attachments: # 1 Exhibit)Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Duffy, Sean) (Entered: 02/27/2026)

1 Exhibit

View on RECAP

Feb. 27, 2026

Feb. 27, 2026

RECAP
12

Reply to Motion to Intervene (4 in 6:26-cv-00186-AA), Motion to Intervene (8 in 6:25-cv-02396-AA). Filed by Cascadia Wildlands, Oregon Shores Conservation Coalition.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Wriston, Eric) (Entered: 03/03/2026)

March 3, 2026

March 3, 2026

RECAP
13

SCHEDULING ORDER: Status Conference is set for 3/26/2026 at 10:30AM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (ck) (Entered: 03/05/2026)

March 5, 2026

March 5, 2026

14

Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (15 in 6:25-cv-02396-AA, 15 in 6:25-cv-02396-AA, 11 in 6:26-cv-00186-AA, 11 in 6:26-cv-00186-AA). Filed by State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Marshall, Brian) (Entered: 03/05/2026)

March 5, 2026

March 5, 2026

1 - Scheduling

March 5, 2026

March 5, 2026

15

ORDER: Granting 14 Motion for Extension of Time to File Response/Reply to 11 . Response is due by 4/2/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 03/06/2026)

March 6, 2026

March 6, 2026

16

Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (15 in 6:25-cv-02396-AA, 15 in 6:25-cv-02396-AA, 11 in 6:26-cv-00186-AA, 11 in 6:26-cv-00186-AA). Filed by City of Newport.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Anderson-Dana, Lydia) (Entered: 03/06/2026)

March 6, 2026

March 6, 2026

17

ORDER: Granting 16 Motion for Extension of Time to File Response/Reply to 11 . Response is due by 4/2/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 03/06/2026)

March 6, 2026

March 6, 2026

Order on Motion for Extension of Time to File Response/Reply to Motion

March 6, 2026

March 6, 2026

18

SCHEDULING ORDER: Status Conference is reset from 3/26/2026 to 4/21/2026 at 10:00AM in Eugene by telephone before Judge Ann L. Aiken. Response to Motion to Dismiss 11 is reset from 4/2/2026 to 4/28/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 03/11/2026)

March 11, 2026

March 11, 2026

1 - Scheduling

March 11, 2026

March 11, 2026

19

Notice of Appearance of Coby Healy Howell appearing on behalf of State of Oregon. Filed by on behalf of State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Howell, Coby) (Entered: 03/25/2026)

March 25, 2026

March 25, 2026

RECAP
20

SCHEDULING ORDER: The Court is in receipt of the parties' e-mailed joint letter. The Status Conference set for 4/21/2026 at 10:00AM is VACATED. A Joint Status Report is due by 4/28/2026. Ordered by Judge Ann L. Aiken. Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (ck) (Entered: 04/21/2026)

April 21, 2026

April 21, 2026

21

OPINION AND ORDER: Plaintiff-Intervenors Motion to Intervene is GRANTED. Signed on 4/21/2026 by Judge Ann L. Aiken. Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (ck) (Entered: 04/21/2026)

April 21, 2026

April 21, 2026

Clearinghouse

1 - Scheduling

April 21, 2026

April 21, 2026

22

Second Motion for Extension of Time . Filed by State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Howell, Coby) (Entered: 04/28/2026)

April 28, 2026

April 28, 2026

23

Joint Status Report . Filed by City of Newport. Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Ketterling, Keith) (Entered: 04/28/2026)

April 28, 2026

April 28, 2026

24

ORDER: Granting in Part Motion for Extension of Time (22) in case 6:26-cv-00186-AA (26) in case 6:25-cv-02396-AA. Response is due by 5/12/2026. The Court will consider any requests for further extensions or new requests for a status conference to discuss jurisdictional discovery as needed. Ordered by Judge Ann L. Aiken. Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (ck) (Entered: 04/29/2026)

April 29, 2026

April 29, 2026

Order on Motion for Extension of Time

April 29, 2026

April 29, 2026

25

Third Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (15 in 6:25-cv-02396-AA, 15 in 6:25-cv-02396-AA, 11 in 6:26-cv-00186-AA, 11 in 6:26-cv-00186-AA). Filed by City of Newport, State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Anderson-Dana, Lydia) (Entered: 05/11/2026)

May 11, 2026

May 11, 2026

26

ORDER: Granting 25 Motion for Extension of Time to File Response/Reply to 11 . Response is due by 6/2/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 05/11/2026)

May 11, 2026

May 11, 2026

Order on Motion for Extension of Time to File Response/Reply to Motion

May 11, 2026

May 11, 2026

27

Fourth Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (11 in 6:26-cv-00186-AA, 11 in 6:26-cv-00186-AA, 15 in 6:25-cv-02396-AA, 15 in 6:25-cv-02396-AA). Filed by City of Newport, State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Anderson-Dana, Lydia) (Entered: 05/29/2026)

May 29, 2026

May 29, 2026

RECAP
28

ORDER: Granting 27 Motion for Extension of Time to File Response/Reply to 11 . Response is due by 6/30/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 06/01/2026)

June 1, 2026

June 1, 2026

Order on Motion for Extension of Time to File Response/Reply to Motion

June 1, 2026

June 1, 2026

30

ORDER: Granting 29 Fifth Motion for Extension of Time to File Response/Reply to 11 . Response is due by 7/15/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 06/26/2026)

June 26, 2026

June 26, 2026

Case Details

State / Territory:

Oregon

Case Type(s):

Immigration and/or the Border

Environmental Justice

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Jan. 28, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Oregon, with Oregon Shores Conservation Coalition and Cascadia Wildlands as Plaintiff-Intervenors. This is also consolidated with a case filed by the City of Newport.

Plaintiff Type(s):

Non-profit NON-religious organization

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United State Immigration and Customs Enforcement

United States Department of Homeland Security

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f

Other Dockets:

District of Oregon 6:26-cv-00186

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Environmental Impact Statements

Immigration/Border:

Border police

Enforcement location

Presidential/Gubernatorial Authority:

Commandeering

Recommended Citation