Illinois Federal Judge Blocks Deployment of National Guard Troops

An Illinois federal judge Thursday blocked the deployment of Texas National Guard soldiers, and soldiers from other states, to the state in a ruling against President Donald Trump’s administration, according to local media reports.

The oral ruling by U.S. District Judge April Perry came two days after 200 soldiers with the Texas National Guard arrived in Illinois. Gov. Greg Abbott said Sunday he had authorized 400 Texas soldiers to be deployed to other states. Illinois sued the Trump administration Monday over the deployment of the National Guard.

Perry offered no details in Thursday’s ruling but said she was partially granting Illinois’ request, the Chicago Sun-Times reported.

The National Guard troops were going to be used to protect federal properties and federal law enforcement agents in the Chicago area, Justice Department lawyer Eric Hamilton told Perry earlier in the day Thursday.

In explaining her ruling, Perry said that she has seen “no credible evidence that there is danger of rebellion in the state of Illinois,” according to the Chicago Sun-Times.

The Trump administration can appeal Perry’s ruling. It’s unclear what will happen to the Texas National Guard soldiers who have been deployed to Illinois.

Background of the Deployment

The deployment of National Guard troops to Illinois is part of a larger effort by the Trump administration to address what it sees as a growing threat of violence and lawlessness in several cities across the country. The administration has argued that the troops are necessary to protect federal properties and law enforcement agents, as well as to maintain order and stability in the affected areas.

However, critics of the deployment have argued that it is an overreach of federal authority and an attempt to intimidate and suppress peaceful protests and dissent. They have also raised concerns about the potential for violence and human rights abuses, particularly in communities of color.

Feds say Guard won’t solve all crime

U.S. Justice Department lawyer Eric Hamilton said the Chicago area was rife with “tragic lawlessness.” He pointed to an incident last weekend in which a Border Patrol vehicle was boxed in and an agent shot a woman in response.

“Chicago is seeing a brazen new form of hostility from rioters targeting federal law enforcement,” Hamilton said. “They’re not protesters. There is enough that there is a danger of a rebellion here, which there is.”

He said some people were wearing gas masks, a suggestion they were poised for a fight, but U.S. District Judge April Perry countered it might be justified to avoid tear gas at a U.S. Immigration and Customs Enforcement building in Broadview, outside Chicago.

“I, too, would wear a gas mask,” the judge said, “not because I’m trying to be violent but because I’m trying to protect myself.”

Hamilton also tried to narrow the issues. He said the Guard’s mission would be to protect federal properties and government law enforcers in the field — not “solving all of crime in Chicago.”

Guard on the ground at ICE site

Guard members from Texas and Illinois arrived this week at a U.S. Army Reserve Center in Elwood, southwest of Chicago. All 500 are under the U.S. Northern Command and have been activated for 60 days.

Some Guard troops could be seen behind portable fences at the Broadview ICE building. It has been the site of occasional clashes between protesters and federal agents, but the scene was peaceful, with few people present.

Wells, the lawyer for Illinois, described the impact of Trump’s immigration crackdown in Chicago, noting that U.S. citizens have been temporarily detained. He acknowledged the “president does have the power, and he’s using that power.”

“But that power is not unlimited,” Wells added, referring to the Guard deployment. “And this court can check that power.”

Perry told the parties to return to court late Thursday afternoon.

Guard on court docket elsewhere

Also Thursday, a federal appeals court heard arguments over whether Trump had the authority to take control of 200 Oregon National Guard troops. The president had planned to deploy them in Portland, where there have been mostly small nightly protests outside an ICE building.

U.S. District Judge Karin Immergut on Sunday granted a temporary restraining order blocking the move. Trump had mobilized California troops for Portland just hours after the judge first blocked him from using Oregon’s Guard.

Two dozen other states with a Democratic attorney general or governor signed a court filing in support of the legal challenge by California and Oregon. Twenty others, led by Iowa, backed the Trump administration.

The nearly 150-year-old Posse Comitatus Act limits the military’s role in enforcing domestic laws. However, Trump has said he would be willing to invoke the Insurrection Act, which allows a president to dispatch active duty military in states that are unable to put down an insurrection or are defying federal law.

Troops used in other states

Trump previously sent troops to Los Angeles and Washington. In Memphis, Tennessee, Mayor Paul Young said troops would begin patrolling Friday. Tennessee Republican Gov. Bill Lee supports the role.

Police Chief Cerelyn “CJ” Davis said she hoped the Guard would be used to direct traffic and have a presence in retail corridors, but not used for checkpoints or similar.

Davis said she doesn’t want Memphis to “feel like there is this over-militarization in our communities.”

The Trump administration’s aggressive use of the Guard was challenged this summer in California, which won and lost a series of court decisions while opposing the policy of putting troops in Los Angeles, where they protected federal buildings and immigration agents.

A judge in September said the deployment was illegal. By that point, just 300 of the thousands of troops sent there remained on the ground. The judge did not order them to leave. The government later took steps to send them to Oregon.

Conclusion

The deployment of National Guard troops to Illinois and other states has been a contentious issue, with many arguing that it is an overreach of federal authority and a threat to civil liberties. The ruling by U.S. District Judge April Perry blocking the deployment of troops to Illinois is a significant development in this issue, and it remains to be seen how the Trump administration will respond.

As the situation continues to unfold, it is essential to consider the potential implications of the deployment of National Guard troops on communities across the country. The use of military force to quell civilian unrest is a serious issue that raises important questions about the balance of power between the federal government and the states, as well as the protection of individual rights and freedoms.

Frequently Asked Questions

Q: What is the Posse Comitatus Act, and how does it relate to the deployment of National Guard troops?

A: The Posse Comitatus Act is a federal law that limits the military’s role in enforcing domestic laws. It prohibits the use of military personnel to enforce civilian laws, except in cases where specifically authorized by Congress or the Constitution.

Q: What is the Insurrection Act, and how does it relate to the deployment of National Guard troops?