The Trump administration asked the U.S. Supreme Court on Friday to allow deployment of National Guard troops to Chicago after lower courts halted the move.
In an emergency request, the Justice Department asked the court to overturn a judge's order that halted the deployment of hundreds of troops while the legal battle continues.
Courts Block Deployment Over Stated Justification
U.S. District Judge April Perry had temporarily blocked the deployment of troops in the Chicago area on Oct. 9, ruling that the administration had violated the 10th Amendment, which protects state powers, as well as the due process clause of the 14th Amendment.
A three-judge panel of the 7th U.S. Circuit Court of Appeals upheld Perry’s ruling on Thursday.
Both courts questioned the administration’s stated reasons for the deployment.
Administration Cites Threats to Federal Personnel
Trump has sought to use military forces to suppress protests and support domestic immigration enforcement.
His administration argued that protests against immigration enforcement policies posed a threat to federal property and personnel.
In the filing, the Justice Department criticized local officials' assessment of the demonstrations as "implausibly rosy," saying federal law enforcement agencies have been forced to operate under a constant threat of mob violence.
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Trump escalated his rhetoric on Oct. 8, calling for the jailing of Chicago's mayor and Illinois' governor, accusing them of failing to protect immigration officers.
Vice President JD Vance echoed Trump’s position, saying JB Pritzker “violated his fundamental oath of office” and should “suffer some consequences.”
Legal Dispute Centers On Presidential Authority
The case centers on Trump's use of a federal law that allows a president to federalize National Guard troops in situations of rebellion or when regular forces are unable to enforce federal laws.
The Trump administration federalized 300 Illinois National Guard troops and ordered additional Texas National Guard units into the state.
Democratic Illinois Governor JB Pritzker stated, “Militarizing our communities against their will is not only un-American but also leads us down a dangerous path for our democracy. What will come next?”
The Supreme Court gave Illinois and Chicago officials until Monday afternoon to file their response.
A Reuters/Ipsos poll conducted Oct. 3–7 found that 58% of Americans believe the president should deploy armed troops only to confront external threats.
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Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
