A federal appeals court has partially reinstated President Trump’s authority over the National Guard in Chicago and Illinois, but has barred him from deploying the troops within the state.
The U.S. Court of Appeals for the Seventh Circuit granted part of the Trump administration’s request, allowing for the federalization of Illinois’ National Guard. However, it rejected the push to actually deploy these forces. The orders indicate that troops won’t need to return home unless the court decides otherwise.
This follows a decision by U.S. District Judge April Perry, who was appointed by former President Biden, that blocked the deployment of the National Guard. Illinois and Chicago leaders, including Democratic Governor J.B. Pritzker, filed a lawsuit over what he termed an “unconstitutional invasion” by the federal government.
Pritzker emphasized, “Donald Trump is not a king, and his administration is not above the law,” in a statement made on social media following Perry’s earlier ruling.
Perry had also granted temporary restraining orders requested by officials from Illinois and Chicago, preventing Trump from taking control of the National Guard and its deployment after troops were called to patrol the Chicago area.
According to the National Guard command, around 300 federalized members of the Illinois National Guard and about 200 troops from Texas were sent to Chicago on Wednesday night, with their deployment set to last for 60 days.
The mission of the National Guard in Chicago, according to U.S. Northern Command, is to “protect U.S. Immigration and Customs Enforcement and other government personnel fulfilling federal duties, including enforcing federal law, and to safeguard federal property.”
Perry’s ruling on Saturday echoes U.S. District Judge Karin Immergut’s recent decision concerning Trump’s actions with the National Guard in Portland, Oregon.
A three-judge panel of the Ninth Circuit noted, “The effect of the administrative leave would be to maintain the status quo, whereby National Guard members are integrated into the Commonwealth but not deployed.”
Some Senate Republicans have raised concerns over Trump’s use of the National Guard for crime fighting, questioning its implications for states’ rights and presidential authority.
Senator Thom Tillis from North Carolina remarked, “I’m worried that one day a Democratic president could send National Guard troops from states like New York or California into North Carolina,” calling it a troubling precedent.
