Court: National Guard troops sent to Illinois by Trump can stay but can’t be deployed for now
National Guard troops sent to Illinois by President Donald Trump can remain in the state and under federal control, but cannot be deployed to protect federal property or conduct patrols at this time, an appeals court ruled Saturday.
CHICAGO– CHICAGO — National Guard troops sent to Illinois by President Donald Trump can remain in the state and under federal control, but cannot be deployed to protect federal property or go out on patrol at this time, an appeals court ruled Saturday.
The move comes after federal Judge April Perry ruled Thursday to temporarily block the National Guard’s deployment for at least two weeks, finding no substantial evidence that a “danger of rebellion” was brewing in Illinois during Trump’s immigration crackdown.
The appeals court on Saturday granted a break in the case until it can hear further arguments.
These intermittent deployments stem from a political and legal battle over Trump’s desire to send the Guard to several U.S. cities. His administration says crime is endemic in these cities, although statistics don’t always bear this out.
If a president invokes the Insurrection Act, he can send active-duty military personnel to states that fail to quell an insurrection or defy federal law. However, Perry said she found no substantial evidence that a “danger of rebellion” was brewing in Illinois during Trump’s immigration crackdown.
She followed up Friday with an opinion that cites a mix of law and history, including the Federalist Papers, which were written in 1787-88 to support ratification of the U.S. Constitution.
“There is no evidence that civil power has failed,” Perry said. “Agitators who violated the law by attacking federal authorities have been arrested. The courts are open and marshals are ready to ensure that prison sentences are carried out. Using the military to enforce the laws is not necessary.”
The judge said there was significant evidence that federal agents were capable of carrying out their jobs, noting “a significant increase in arrests and deportations.”
The 500 members of the Texas and Illinois Guard were mostly based at a U.S. Army reserve center in Elwood, southwest of Chicago. A small number were sent to a U.S. Immigration and Customs Enforcement building in Broadview.
