CHICAGO (AP) — An appeals court determined on Saturday that although National Guard troops, directed to Illinois by President Donald Trump, can remain under federal control, they cannot currently be utilized to guard federal property or conduct patrols.
This ruling follows a temporary restraining order issued by federal Judge April Perry on Thursday, which halts the deployment for a minimum of two weeks. Perry argued that there was insufficient proof of any “danger of rebellion” in Illinois during Trump’s crackdown on immigration.
The appeals court on Saturday granted a pause in the case until it can hear further arguments.
The fluctuating deployment orders are part of a broader political and legal conflict over Trump’s attempts to deploy the Guard in various U.S. cities. The administration maintains that there is rampant crime in these locations, a claim sometimes contradicted by statistics.
According to the Insurrection Act, a president has the authority to deploy active-duty military in states that are unable to quell insurrections or refuse to uphold federal laws. Nevertheless, Perry voiced that there is a lack of convincing evidence of any “danger of rebellion” taking place in Illinois amid Trump’s immigration initiatives.
In an opinion statement released Friday, Perry referenced a combination of legal precedents and historical texts, including the Federalist Papers from 1787-88, which supported the Constitution’s ratification.
Perry stated, “There is no indication that civil authority has been compromised. Lawbreakers who have attacked federal officials have been apprehended. The judiciary is operational, and marshals are prepared to enforce imprisonment sentences. Invoking military intervention to enforce laws is unnecessary.”
The judge said there was significant evidence that federal agents have been able to carry out their work, noting “huge increases in arrests and deportations.”
The 500 Guard members from Texas and Illinois 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.
