A federal judge has temporarily blocked President Donald Trump from federalizing National Guard troops in Chicago, warning that deploying U.S. military forces into volatile scenes with a surge of federal law enforcement officers “will only add fuel to the fire.”
District Judge April Perry argued Thursday that the president’s deployment likely violates the 10th and 14th Amendments as well as the Posse Comitatus Act of 1878, which prohibits the military from enforcing domestic law.
The order remains in effect through at least October 23 while the legal battle continues.
Judge Perry also cast doubt on the Trump administration’s credibility in assessing the need for National Guard troops, finding the administration’s “perception” of demonstrations and law enforcement activity is “simply unreliable.”
Perry issued her order following courtroom arguments in a lawsuit brought by Illinois and Chicago officials, who accused the Trump administration of escalating his long-declared “war” against America’s third-largest city on “unlawful and dangerous” grounds with purely “pretextual and baseless” reasons.
Her order is another blow to the administration’s attempts to send troops into Democratic-led states and cities to combat protests against his mass deportation agenda, spilling out into a multi-state legal battle.
Last week, Oregon officials similarly sued the administration, arguing that the president’s threats to send in the troops are “wholly pretextual” and designed to stir up unrest to justify boots on the ground.
On Sunday, a Trump-appointed judge argued that relatively small protests in Portland did not justify the use of federalized forces that imperil Oregon’s sovereignty.
But a three-judge federal appeals court panel – including two judges appointed by Trump — appeared prepared Thursday to strike down the order, teeing up a potential Supreme Court battle over the president’s authority to federalize troops.
On Thursday, roughly 200 troops from Texas began their deployment in the Chicago area, where they have been ordered to support federal buildings and Immigration and Customs Enforcement facilities that have become flashpoints for protests against the administration.
Defense Secretary Pete Hegseth issued memos earlier this month calling up 300 members of the Illinois National Guard and 400 Texas troops for up to 60 days.
The memos cited federal statute that grants the president the ability to federalize state-controlled National Guard troops in the event of a foreign invasion or rebellion.
While Perry said she defers to the president when it comes to how to best combat national security threats, there does not appear to be one in Chicago that state and local law enforcement can’t handle themselves.
“I have seen no credible evidence that there is danger of rebellion in the state of Illinois,” she said.
“Deportations are up. Arrests are up. … The courthouse remains open and always has. Federal laws are being executed. They’re also being broken, as they have been since the beginning of time,” she said, according to The Chicago Sun-Times. “There is no evidence that the president is unable, with the regular forces, to execute the laws of the United States.”
She also questioned whether National Guard troops were sufficiently trained to confront people on the street, noting the city’s strained history of police abuse.
“It’s something that I think the state and local authorities understand extremely well, and it can be hard for federal authorities, and certainly those from Texas, to appreciate,” Perry said.
Governor J.B. Pritzker hailed the decision, saying in a statement that “Donald Trump is not a king — and his administration is not above the law.”
In a separate case Thursday, Illinois District Judge Sara Ellis blocked federal officers from using riot control weapons and other force against clearly identified members of the press as well as protesters and faith leaders who aren’t posing any immediate threat to law enforcement.
Her order follows a lawsuit from reporters and demonstrators accusing federal agents of a “pattern of extreme brutality” by firing on protesters and violating their First Amendment and religions freedom rights.
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