National Guard troops sent to Illinois by President Donald Trump can stay in the state and under federal control, but can’t be deployed to protect federal property or go on patrol for now, an appeals court ruled Saturday.
The decision comes after federal Judge April Perry on Thursday ruled to temporarily block the National Guard deployment for at least two weeks, finding no substantial evidence that a “danger of rebellion” is brewing in Illinois during Trump’s immigration crackdown.
The appeals court on Saturday granted a pause in the case until it can hear further arguments.
The on-again, off-again deployments stem from a political and legal battle over Trump’s push to send the Guard to several U.S. cities. His administration claims crime is rampant in those cities, despite statistics not always supporting that.
If a president invokes the Insurrection Act, they can dispatch active duty military in states that fail to put down an insurrection or defy federal law. However, Perry said she found no substantial evidence that a “danger of rebellion” is brewing in Illinois during Trump’s immigration crackdown.
She followed up Friday with an opinion that cites a mix of law and history, including the Federalist Papers, which were written in 1787-88 to support ratification of the U.S. Constitution.
“There has been no showing that the civil power has failed,” Perry said. “The agitators who have violated the law by attacking federal authorities have been arrested. The courts are open, and the marshals are ready to see that any sentences of imprisonment are carried out. Resort to the military to execute the laws is not called for.”
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.
