7th Circuit keeps Chicago Guard federalized but upholds deployment block
The Seventh Circuit ruled that roughly 500 National Guard troops—about 200 from Texas and 300 from Illinois staged mainly at the Elwood Army Reserve Center, with some elements at Broadview—may remain federalized under Title 10, but it upheld a lower‑court order barring their deployment on Chicago streets or to protect federal property pending further litigation. The decision follows an emergency lawsuit by Illinois and Chicago (and a district judge’s finding that civil authority has not failed), DOJ’s appeal, visible staging and security measures around the training site, and protests at the facility.
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📌 Key Facts
- The Seventh Circuit allowed the National Guard members to remain federalized (Title 10) in Illinois but upheld a lower‑court order blocking their deployment on Chicago streets or to protect federal property while litigation continues.
- About 500 Guard members were federalized for an initial ~60‑day period—roughly 200 from Texas and the remainder from Illinois—and were mostly staged at the U.S. Army Reserve Center in Elwood (Joliet area).
- Staging at Elwood included trailers, temporary fencing, portable toilets and other support equipment; the FAA imposed flight restrictions over the site through Dec. 6, 2025, and media/AP photographers documented troops wearing Texas Guard patches on arrival.
- U.S. Northern Command and Pentagon officials said some Texas Guard troops had begun protecting federal personnel and property (with a small number reported at the Broadview ICE facility) before the TRO; exact locations were not publicly disclosed.
- Illinois and the City of Chicago filed suit; U.S. District Judge April M. Perry issued a temporary restraining order (reported as 14 days) and a written opinion citing constitutional limits and the Federalist Papers—DOJ appealed and the appeals court granted an administrative stay keeping troops under federal control pending further argument.
- The administration framed the mobilization as a 'Federal Protection Mission' to protect ICE/federal officers and property, citing incidents and alleged threats; critics—including Gov. J.B. Pritzker and Mayor Brandon Johnson—said they received no notice, called the move political, and pushed back (Johnson established 'ICE‑free zones').
- Reporting included a Pentagon memo obtained by outlets calling for 'hundreds' of troops, photo/video of troop arrivals and staging, accounts of protests and arrests near Broadview ICE, and a viral video and lawsuit alleging excessive force at the site.
- Legal fights are ongoing: parallel appeals/hearings are scheduled (including a Ninth Circuit matter over Oregon), DOJ has appealed the TRO, and courts will decide whether the federal government may federalize and deploy other states’ Guard forces for this mission.
📚 Contextual Background
- U.S. Immigration and Customs Enforcement (ICE) is the federal agency responsible for apprehending and detaining people suspected of being undocumented immigrants in the United States.
📊 Analysis & Commentary (1)
SEN TAMMY DUCKWORTH: The National Guard swore an oath to the Constitution, not Donald Trump
"Sen. Tammy Duckworth’s op‑ed criticizes the federal staging of National Guard troops (as at Elwood) as a politicized, constitutionally improper and dangerous use of military forces against American cities, arguing it threatens civil liberties and is legally and operationally unjustified."
📰 Sources (30)
Appeals court rules U.S. troops Trump sent to Illinois can stay, but can’t be deployed for now
New information:
- Appeals court said troops can remain in Illinois under federal control but cannot be deployed to protect federal property or go on patrol for now.
- District Judge April Perry’s Friday opinion is quoted at length, citing the Federalist Papers and concluding there’s no showing that civil power has failed.
- Judge Perry noted 'huge increases in arrests and deportations' as evidence federal agents can execute the laws without military assistance.
- Operational detail: about 500 Guard members from Texas and Illinois are mostly staged at the Elwood U.S. Army Reserve Center, with a small number sent to ICE’s Broadview facility.
- Appeals court granted a pause in the case pending further arguments.
Court: National Guard troops sent to Illinois by Trump can stay but can’t be deployed for now
New information:
- Appeals court said troops can remain under federal control in Illinois but cannot be deployed to protect federal property or go on patrol pending further arguments.
- Judge April Perry’s follow-up opinion cited the Federalist Papers and concluded there is "no showing that the civil power has failed," adding that "resort to the military to execute the laws is not called for."
- Perry noted evidence that federal agents can carry out their work, including “huge increases in arrests and deportations.”
- Operational detail: roughly 500 Guard members from Texas and Illinois are based at the U.S. Army Reserve Center in Elwood, with a small number sent to an ICE building in Broadview.
Appeals court temporarily blocks deployment of National Guard troops in Chicago
New information:
- The Seventh Circuit upheld a district court ruling blocking street deployment of National Guard troops in the Chicago area.
- The appeals court granted an administrative stay allowing the troops to remain under federal control (Title 10) while litigation continues.
- DoD previously said roughly 200 Texas and 300 Illinois Guard members were federalized for at least 60 days to protect ICE personnel and property.
- Troops remain prohibited from deploying on Chicago streets during the case.
What to know about National Guard deployments in Memphis and other cities
New information:
- The Justice Department appealed the TRO on Friday.
- Judge April Perry issued a written order Friday elaborating her rationale, citing the 10th and 14th Amendments and invoking Alexander Hamilton’s warning against using another state’s militia for political retribution.
- Illinois Gov. JB Pritzker praised the ruling, saying there is no credible evidence of a rebellion and no place for the Guard on Chicago’s streets.
Long-held SCOTUS precedents could undercut Portland, Chicago National Guard lawsuits
New information:
- DOJ is appealing the Illinois temporary restraining order that blocked National Guard deployment near Chicago.
- Chicago Mayor Brandon Johnson established 'ICE‑free zones' to bar federal agents from using city property, a policy critics frame as obstructing federal enforcement.
- Article frames DOJ’s appeal around Take Care Clause and federal supremacy arguments, citing In re Neagle.
Where has Trump suggested sending troops? In cities run by Democratic mayors
New information:
- NPR reports the Illinois TRO will last 14 days.
- U.S. Northern Command said Wednesday night that Texas National Guard members had begun operations to protect ICE and other federal personnel in the greater Chicago area before the TRO.
- President Trump posted on Truth Social that Gov. JB Pritzker and Mayor Brandon Johnson 'should be in jail' for failing to protect ICE agents.
Judge rules against Trump's federalization of National Guard in Chicago
New information:
- A judge has ruled against President Trump's federalization of National Guard forces in Chicago.
- The decision, reported by Axios, shifts the case from a scheduled hearing to an adverse ruling for the administration.
- The ruling effectively blocks or limits the federalization action pending further litigation or appeal.
What to know about Trump’s National Guard deployments in Chicago and Portland
New information:
- USNORTHCOM spokesperson says 200 Texas National Guard troops started working Wednesday in the Chicago area and are protecting federal property; locations not disclosed.
- AP observed personnel with Texas Guard patches at the Elwood U.S. Army Reserve Center; first troops arrived Tuesday.
- U.S. District Judge April Perry will hear arguments Thursday on Illinois/Chicago’s request to block the deployment.
- City/state court filing says protests at Broadview ICE facility have never halted federal immigration enforcement.
Federal court to weigh Trump’s deployment of National Guard troops in Chicago area
New information:
- U.S. District Judge April Perry will hear arguments Thursday on a request to block the Illinois/Texas National Guard deployment in the Chicago area.
- A USNORTHCOM spokesperson confirmed an element of the 200 Texas Guard troops began protecting federal property on Wednesday; all ~500 Guard are under Northern Command and activated for 60 days.
- City/State court filing asserts Broadview ICE protests “never came close to stopping” enforcement and calls the deployment a pretext.
- President Trump said Wednesday that Mayor Brandon Johnson and Gov. JB Pritzker should be jailed for failing to protect federal agents.
- Related context: A Ninth Circuit panel is also set to hear arguments on Trump’s authority over 200 Oregon Guard troops after a district court TRO blocked Portland deployment.
Judge ruling on National Guard lawsuit filed by Illinois, Chicago today
New information:
- Confirms the Illinois/Chicago suit progressed to a scheduled ruling today in NDIL.
- Specifies the federal response length (59 pages) and timing (filed just before the deadline).
- Confirms the initial emergency TRO was denied and provides the 11 a.m. CT hearing time.
Federal judge to rule on whether Trump administration can deploy National Guard in Chicago
New information:
- A federal judge is expected to decide Thursday whether the administration has the authority to deploy National Guard troops in Chicago.
- CBS reports 500 National Guard troops were activated overnight Thursday to guard an immigration detention center targeted by protesters.
Here is the latest.
New information:
- USNORTHCOM provided on-record confirmation that some Texas troops are actively protecting federal personnel and property (without disclosing specific sites).
- Simultaneous court timelines clarified: Ninth Circuit and Illinois district court hearings both set for noon ET on Oct. 9.
How Chicago became ground zero for Trump's military crackdown
New information:
- Axios reports a viral video from Wednesday showing a pastor being shot in the head with a pepper ball outside a local ICE facility; a new lawsuit alleges a 'pattern of extreme brutality' at the site.
- Axios says President Trump has called for the arrest of Chicago Mayor Brandon Johnson and Illinois Gov. JB Pritzker amid the standoff.
- Mayor Brandon Johnson signed an executive order establishing 'ICE-free zones' that bar federal immigration agents from using city property.
- FBI Director Kash Patel is quoted alleging Chicago has roughly 110,000 gang members (~5% of the city’s population), highlighting the administration’s framing of the situation.
- Gov. Pritzker, in a TV interview, asserted the federal call-up is unprecedented in Illinois and said the state is not being told where the troops will go or what they will do.
Homan confirms Texas National Guard 'on the ground' in Illinois, warns anti-ICE rhetoric fueling 'bloodshed'
New information:
- Tom Homan confirms Texas National Guard troops in Illinois "started working" Tuesday night.
- Homan alleges a "1,000% increase" in attacks on ICE officers and links rhetoric from state/local officials to rising violence.
- DHS issues a public statement calling Gov. Pritzker’s claims "reckless" and "categorically false," asserting 1,000+ arrests in Illinois including convicted pedophiles, child abusers and gang members.
- Homan cites recent incidents in Texas, including an officer shot in the neck at a detention facility in Alvarado and the Dallas sniper attack that killed two detainees, to justify heightened protection.
A Chicago federal grand jury deals the latest setback to Trump’s immigration enforcement efforts.
New information:
- About 500 National Guard troops, including 200 from Texas, were expected to begin operations in the Chicago area on Wednesday; no visible street presence yet.
- Officials clarified Illinois Guard troops will not assume law-enforcement duties and will focus on protecting federal immigration officers and facilities.
- A federal court hearing on the Illinois deployment is set for Thursday at noon ET before Judge April M. Perry (a Biden appointee).
- President Trump escalated rhetoric on social media, saying Gov. JB Pritzker and Mayor Brandon Johnson should be jailed for 'failing to protect ICE officers.'
National Guard troops are now outside Chicago and could be in Memphis soon
New information:
- AP reporters observed military personnel in Texas National Guard patches and staging infrastructure (portable toilets, trailers, extra fencing) at the U.S. Army Reserve Center in Elwood, Ill.
- The Federal Aviation Administration ordered flight restrictions over the Elwood Army Reserve Center through Dec. 6, 2025.
- Memphis officials — including a small group of police commanders — were already planning for Guard troop arrivals, and Tennessee Gov. Bill Lee indicated troops would be deputized by the U.S. Marshals Service to play a 'critical support role.'
- Illinois Gov. J.B. Pritzker said about 400 troops from Texas could be part of the forces, and a court hearing on Illinois/Chicago's lawsuit to block the deployment was scheduled this week.
Here is the latest.
New information:
- Identifies the presiding judge in the Chicago litigation as Judge April M. Perry.
- Names Judge Karin J. Immergut as the judge handling the Oregon appeal and provides the scheduled hearing times (Illinois: Thursday 11 a.m. CT; Oregon: Thursday 9 a.m. PT).
- Reports that top officials visited the locations: FBI Director Kash Patel stopped at the Chicago field office; DHS Secretary Kristi Noem met with Oregon officials including Gov. Tina Kotek.
- Reiterates administration's operational framing that the roughly 500 troops will not perform general law‑enforcement but will protect federal immigration officers.
National Guard troops are outside Chicago and could be in Memphis soon in Trump's latest deployment
New information:
- FAA ordered flight restrictions over the U.S. Army Reserve Center in Elwood for security reasons until Dec. 6.
- On‑the‑ground observations: trucks labeled Emergency Disaster Services delivered portable toilets and supplies; trailers and extra perimeter fencing were deployed at the staging site.
- Memphis commanders were already in the city planning for Guard arrivals, and Police Chief Cerelyn Davis confirmed local planning.
- Governor Bill Lee said troops would be deputized by the U.S. Marshals Service to play a 'critical support role' for local law enforcement (role not yet precisely defined).
National Guard members from Texas are in Illinois in Trump's latest move to send troops to cities
New information:
- On‑the‑ground confirmation that Texas National Guard personnel—identifiable by Texas Guard patches—are staged at the U.S. Army Reserve Center in Elwood, Illinois.
- FAA imposed flight restrictions over the Army Reserve Center for security reasons through Dec. 6, 2025.
- Detailed staging activity observed: Emergency Disaster Services trucks delivering portable toilets and supplies, trailers set up in rows and extra perimeter fencing.
- Illinois Gov. J.B. Pritzker said he received no advance notice and reiterated his contention that the deployment was political; he had earlier predicted activation of roughly 400 Texas troops.
- The article notes a court hearing on Illinois/Chicago's lawsuit is scheduled this week and references parallel activity/planning in Memphis.
Texas National Guard arrives in Illinois, could begin assignments Wednesday
New information:
- On‑the‑ground confirmation that members of the Texas National Guard have begun arriving at the U.S. Army Reserve Training Center in Elwood (Joliet area), with trailers, temporary fencing and soldiers seen carrying gear.
- An operational timeline: sources told CBS roughly 200 Texas Guard members will deploy to Chicago this week and are expected to begin assignments protecting ICE as soon as Wednesday after an operational brief.
- Context that a federal court hearing on the lawsuit filed by Illinois and the city of Chicago to block the deployment is scheduled for Thursday; state and local officials say they were not notified in advance.
+ 10 more sources