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National Guard troops were sent Illinois by the President donald trump An appeals court ruled Saturday that they can remain in the state and under federal control, but cannot be deployed to protect federal property or go on patrol.
The decision comes after federal Judge April Perry ruled Thursday to temporarily block the deployment of the National Guard for at least two weeks, finding no substantial evidence that Trump’s immigration crackdown is creating a “threat of insurrection” in Illinois.
The appeals court on Saturday granted a stay in the case until it hears further arguments.
The repeated, repeated deployments stemmed from political and legal battles over Trump’s pressure to send the Guard to several US cities. His administration claims that crime is rampant in those cities, despite statistics not always supporting this.
If a President invokes the Insurrection Act, he can send active duty troops to states that fail to rebel or disobey federal law. However, Perry said he found no strong evidence that an “insurrection threat” is brewing in Illinois amid Trump’s immigration crackdown.
He filed an opinion Friday that cites a mix of law and history, including the Federalist Papers, which were written in 1787-88 to support the ratification of the U.S. Constitution.
“There has been no demonstration that civil power has failed,” Perry said. “Agitators who violated the law by attacking federal officers have been arrested. The courts are open, and the Marshalsea is ready to see that any sentence of imprisonment is carried out. There is no need to resort to the military to enforce the laws.”
The judge said there was significant evidence that federal agents were able to do their job, noting the “huge increase in arrests and deportations.”
500 guard members texas and Illinois were based mostly at the US Army Reserve Center in Elwood in the southwest. chicagoA small number were sent to the U.S. Immigration and Customs Enforcement building in Broadview.