National Guard can stay in Illinois but can’t patrol, judge rules
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A judge ruled Saturday that National Guard troops that President Donald Trump sent to Illinois to fight crime can remain in the state but cannot patrol or deploy to protect federal property.
The Trump administration had requested the emergency on Thursday after U.S. District Judge April Perry blocked the deployment of National Guard troops in Chicago and across Illinois for at least two weeks.
Perry said there was no evidence of “danger of insurrection” in the state because Trump had suggested he could invoke the Insurrection Act, meaning the federal government could send troops into states that violate federal law or fail to quell an insurrection.
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Illinois State Police stand guard as people, including members of the Coalition for Spiritual and Public Leadership (CSPL), gather outside the U.S. Immigration and Customs Enforcement facility in Broadview, Illinois, on Saturday. (AP Photo/Adam Gray)
“I would if I had to. So far it hasn’t been necessary. But we have the Insurrection Act for a reason,” Trump told reporters in the Oval Office on Monday.
The Riot Act was last brought up during the Los Angeles riots in 1992.
“There are no signs that civilian power is failing,” Perry said. “Agitators who violated the law by attacking federal officials were arrested. Courts are open and police officers are ready to see the execution of any prison sentence. There is no need to resort to the army to enforce the law.”
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A protester covering his face with an American flag stands before Cook County Sheriffs outside an ICE facility in Broadview, Illinois, on Saturday. (AP Photo/Adam Gray)
He added: “Even Alexander Hamilton could not have imagined that the militia of one state would be used against the inhabitants of another state because the President wanted to punish those who held views different from his own.”
A federal judge on Saturday issued a temporary restraining order, blocking the deployment of troops until further arguments are heard, writing: “There is no need for National Guard members to return to their home states unless further directed by the court,” according to a court order obtained by Fox News Digital.
A judge ruled Saturday that National Guard troops sent to Illinois by President Donald Trump can stay, but they cannot patrol or deploy to protect federal property. (Shawn Thew/EPA/Bloomberg via Getty Images)
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In addition to Chicago, Trump also sent federal troops to Los Angeles, Washington DC and Memphis.
The Associated Press contributed to this report.
