7th Circuit keeps Chicago Guard federalized but upholds deployment block
The Seventh Circuit ruled that roughly 500 National Guard members federalized under Title 10 — including about 200 from Texas and others staged at the Elwood Army Reserve Center — may remain in Illinois under federal control but upheld a lower‑court order barring their deployment on Chicago streets or to protect federal property while the case proceeds. The decision follows a suit by Illinois and Chicago and District Judge April M. Perry’s TRO (which questioned the need for military assistance to execute civil law), and DOJ has appealed as litigation continues.
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📌 Key Facts
- A federal lawsuit by Illinois and the city of Chicago challenged the Trump administration’s federalization and deployment of National Guard troops; U.S. District Judge April M. Perry issued a temporary restraining order (TRO) blocking street deployment and wrote a detailed opinion citing the Federalist Papers and concluding there was “no showing that the civil power has failed.”
- The TRO was set to last 14 days and the Justice Department promptly appealed; the Seventh Circuit granted an administrative stay that allows the Guard members to remain under federal (Title 10) control in Illinois while litigation continues but upheld the block on deploying them on Chicago streets pending further arguments.
- About 500 National Guard members were federalized for roughly 60 days (DoD said roughly 200 from Texas and about 300 from Illinois); USNORTHCOM and Pentagon statements confirmed some Texas troops began protecting federal personnel and property before the TRO but appeals court orders limit street patrols and deployments for now.
- Most federalized troops were staged at the U.S. Army Reserve Center in Elwood (Joliet area) — with visible staging infrastructure (trailers, portable toilets, extra fencing) and FAA flight restrictions over the site through Dec. 6, 2025 — and a small number were sent to ICE’s Broadview facility amid protests.
- State and local officials (Gov. J.B. Pritzker, Chicago Mayor Brandon Johnson and Illinois Attorney General Kwame Raoul) say they received no advance coordination, call the mobilization politically motivated, and argue protests at Broadview never halted federal immigration enforcement; the federal government frames the mission as protecting federal functions, personnel and property.
- Reporting documented confrontations and safety claims tied to the situation — including arrests near Broadview, videos and lawsuits alleging excessive force at protest sites, and administration assertions of violent threats to federal agents — which the administration cites to justify increased protection for ICE and other federal personnel.
- The legal fight is multi‑front: a Ninth Circuit panel was simultaneously hearing appeals over the federalization of Oregon Guard troops after a district court blocked their deployment, and the administration signaled it will continue to litigate the authority to federalize and deploy Guard units (DOJ appeals invoking federal supremacy and Take Care Clause precedents).
- The dispute has intensified political rhetoric and actions: President Trump publicly suggested invoking the Insurrection Act, called for jailing local officials he said failed to protect federal agents, top federal officials (including FBI Director Kash Patel and DHS leadership) traveled to the field offices, and political appointees defended the administration’s authority in testimony and media appearances.
📚 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 (31)
Vance says administration will keep fighting to send National Guard to Chicago
New information:
- Vice President JD Vance told ABC’s This Week the administration will "litigate this as much as we can" to deploy Guard troops and asserted authority to protect citizens "particularly in Chicago."
- Illinois Gov. JB Pritzker said on ABC that no troops are on Chicago streets due to court rulings and that the state must rely on the courts.
- ICE told the Chicago Sun-Times it does not conduct operations at sensitive locations like public events unless there are exigent circumstances; the Chicago Park District said it had no information about ICE presence at the marathon.
- Context details reiterated: most of the roughly 500 federalized Guard members were staged at the Elwood Army Reserve Center, with a smaller group at ICE’s Broadview facility (per AP).
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.
+ 11 more sources