Judge’s block on deploying National Guard extended indefinitely as Supreme Court weighs case



A federal judge’s order halting National Guard deployment in Chicago remains in place after the Trump administration consented to a 30-day extension.

Soldiers in fatigues walks into an ICE facility in Broadview
Photo: Capitol News Illinois/Andrew Adams

A group of people in military fatigues walks into an Immigration and Customs Enforcement facility in Broadview on Thursday, Oct. 9. National Guard troops were deployed to the facility earlier in the day. (Capitol News Illinois photo by Andrew Adams)


by Hannah Meisel
Capitol News Illinois


CHICAGO - A federal judge’s order blocking the Trump administration from deploying National Guard troops to Chicago will remain in place indefinitely, setting up a possible trial when the U.S. Supreme Court weighs in on the case.

Quick look

  • Deployment of the National Guard in Illinois will remain blocked indefinitely after the Trump administration on Wednesday proposed extending U.S. District Judge April Perry’s temporary restraining order until final judgment in the case.
  • The agreement follows the administration’s emergency appeal to the U.S. Supreme Court on late last week asking the justices to stay U.S. District Judge April Perry’s Oct. 9 restraining order.
  • It’s unclear how quickly the high court might weigh in on the matter, but after a Supreme Court ruling, the case could head to an expedited trial or other accelerated hearing that would result in a final judgment.
  • The 7th Circuit Court of Appeals sided with the part of Perry’s ruling blocking the deployment of the National Guard, writing that “political opposition is not rebellion.” But the Trump administration argues that a president’s military actions are not subject to judicial review.

The administration has been barred from deploying guardsmen in Illinois since U.S. District Judge April Perry’s temporary restraining order Oct. 9. But that 14-day order was set to expire Thursday evening.

Department of Justice lawyers originally had proposed extending that order another 30 days in a Tuesday filing. But because a temporary restraining order can only be extended once and there’s no way of knowing when the Supreme Court may rule on the administration’s plea to stay Perry’s ruling, the judge warned Wednesday that “whatever extension we make has to be the right one” to prevent a gap in judicial orders “that would allow troops be deployed on the streets.”

But if the U.S. Supreme Court does stay Perry’s temporary restraining order, the National Guard could be immediately deployed anyway. If that happens, Christopher Wells, a top lawyer in Illinois Attorney General Kwame Raoul’s office, said the state would be seeking a “quick trial” or other expedited injunction hearing. Either would result in the type of final judgment that would end Perry’s now-extended restraining order.

Wells and his colleagues agreed Wednesday with the DOJ’s indefinite extension proposal but said he wanted it made very clear on the legal record that it was the Trump administration’s suggestion.

“We’re very concerned about possible gamesmanship in other courts and about how what’s happening here will be portrayed,” he said near the end of Wednesday’s hearing.

A similar case in Portland, Oregon, is moving to an expedited trial next week after the 9th Circuit Court of Appeals on Monday overturned another temporary restraining order blocking National Guard deployment to the West Coast city.

Appeal to SCOTUS

In its filing to the Supreme Court, U.S. Solicitor General John Sauer argued the judicial branch has no right to “second guess” a president’s judgment on national security matters or resulting military actions. The administration maintains National Guard deployment is necessary to protect federal immigration agents and property from protesters.

“A federal district court lacks not only the authority but also the competence to wrest control of the military chain of command from the Commander in Chief,” he wrote.

Lawyers for the state of Illinois shot back in its own filing Monday, citing two U.S. Supreme Court decisions from the last century, including one “invalidating presidential seizure of steel mills during the Korean War.”

“Furthermore, ‘federal courts are fully empowered to consider’ claims ‘resulting from military intrusion into the civilian sector,’” lawyers in Attorney General Kwame Raoul’s office wrote, citing a 1972 decision. “There are numerous indications that the questions presented here ... fall within this duty.”

President Donald Trump’s Oct. 4 order to federalize, or take control of, 300 members of the Illinois National Guard, along with the deployment of 200 Texas guardsmen and another 16 troops from California, has been blocked since Perry’s Oct. 9 ruling. Perry heard hours of arguments earlier this month, culminating in her temporary restraining order.

The judge said the Department of Justice’s arguments of violence added to a “growing body of evidence that (Department of Homeland Security’s) version of events are unreliable” as the administration’s narrative about “violent” protests in Chicago differed so strongly from the accounts of state and local law enforcement.

Perry also found there was “no credible evidence that there is a danger of rebellion in the state of Illinois.” The 7th Circuit Court of Appeals backed up Perry last week, with a three-judge panel writing in an opinion published Thursday that “political opposition is not rebellion.” Read more: Judge calls feds ‘unreliable,’ temporarily blocks National Guard deployment to Illinois | Former military leaders decry National Guard deployment in Illinois

The three-judge appeals panel did stay the portion of Perry’s order blocking the administration from federalizing National Guard troops. But the administration accused the 7th circuit of “judicially micromanaging the exercise of the President’s Commander-in-Chief powers” as the appellate judges still sided with Perry on the actual deployment of guardsmen.


Editor’s note: This story was updated after a hearing on Wednesday, Oct. 22 in which the Trump administration suggested extending U.S. District Judge April Perry’s temporary restraining order indefinitely until there’s a final judgment in the case — a longer timeline than the 30 days the administration had agreed to in an Oct. 21 filing.

Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.

TAGS: Trump administration National Guard Chicago dispute, Illinois lawsuit over federal troop deployment, Supreme Court review of Chicago Guard case, Federal court blocks Trump’s Illinois Guard order, Kwame Raoul response to National Guard action, Chicago protests and presidential authority ruling


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