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A federal judge has temporarily barred President Donald Trump from Federalizing National Guard troops in ChicagoWarns that US military forces will be deployed in unstable scenarios federal law enforcement officers “Will only add fuel to the fire.”
District Judge April Perry gave this argument on Thursday Presidential posting Possibly violates the 10th and 14th Amendments, as well as the Posse Comitatus Act of 1878, which prevents the military from enforcing domestic law.
Order It will remain in effect until at least October 23 while the legal battle continues.
Judge Perry also cast doubt on the Trump administration’s credibility in assessing the need for National Guard troops, finding the administration’s “perception” of the demonstrations and law enforcement activity “absolutely unbelievable.”
Perry issued his order after debate in court A lawsuit brought by officials in Illinois and ChicagoWho accused the Trump administration of escalating its long-declared “war” against America’s third-largest city on “unlawful and dangerous” grounds for entirely “sham and baseless” reasons.
His order is another blow to the administration’s efforts to send troops to Democratic-led states and cities to deal with protests against his mass deportation agenda, which is spilling over into a multi-state legal battle.
Last week, Oregon officials similarly sued the administration, arguing that the president’s threats to send troops are “purely cosmetic” and designed to incite unrest to justify boots on the ground.
On Sunday, a Trump-appointed judge argued that the relatively small protests in Portland Did not justify the use of federal forces that threatened Oregon’s sovereignty.
But a three-judge federal appeals court panel — including two Trump-appointed judges — appeared poised to strike down the order on Thursday, setting up a potential Supreme Court battle over the president’s authority to federalize troops.
On Thursday, about 200 Texas troops began their deployment to the Chicago area, where they have been ordered to support federal buildings and Immigration and Customs Enforcement facilities that have become the focus of protests against the administration.
Defense Secretary Pete Hegseth issued a memo earlier this month calling out 300 members of the Illinois National Guard and 400 troops from Texas for up to 60 days.
The memo cites a federal statute that gives the president the ability to federalize state-controlled National Guard troops in the event of foreign invasion or insurrection.
While Perry said she relies on the president when it comes to how best to handle national security threats, it doesn’t seem like state and local law enforcement in Chicago can’t handle it on their own.
“I have seen no credible evidence that there is a threat of insurrection in the state of Illinois,” he said.
He said, “Deportations are going up. Arrests are going up. … The Court is open and has always been open. Federal laws are being enforced. They’re also being broken, as they have been since the beginning of time.” Chicago Sun-Times“There is no evidence that the President, with the regular forces, is incapable of executing the laws of the United States.”
He also questioned whether National Guard troops were adequately trained to confront people on the street, noting the city’s tense history of police misconduct.
“I think this is something that state and local officials understand very well, and it may be hard for federal officials and certainly the people of Texas to appreciate,” Perry said.
Governor JB Pritzker praised the decision, saying in a statement that “Donald Trump is no king – and his administration is not above the law.”
In a separate case on Thursday, Illinois District Judge Sarah Ellis barred federal authorities from using riot control weapons and other force against clearly identified members of the press, as well as protesters and religious leaders who pose no immediate threat to law enforcement.
his orders follow Case against journalists and protesters Accused federal agents of a “pattern of excessive brutality” by firing at protesters and violating their First Amendment and religious freedom rights.