National Guard troops in Illinois can’t be deployed now
The appeals court ruled that National Guard troops sent to Illinois by President Donald Trump can remain under state and federal control but cannot be deployed to guard or patrol federal property for now.
Saturday’s ruling comes after federal Judge April Perry ruled Thursday to temporarily block the deployment of the National Guard for at least two weeks, finding no significant evidence that a “danger of insurrection” had arisen in Illinois during Trump’s crackdown on immigrants.
The appeals court on Saturday decided to postpone the case until more arguments can be heard.
The repeated deployments stem from a political and legal battle over Trump’s push to send the Guard to several U.S. cities. His administration claims that crime is rampant in these cities, although statistics do not always support this.
If a president invokes the Insurrection Act, he can send active duty troops into states that have failed to quell an insurrection or violate federal law. But Perry said he found no significant evidence that a “danger of insurrection” had arisen in Illinois during Trump’s crackdown on immigrants.
He followed up Friday with an opinion that cited a mix of law and history, including the Federalist Papers written in 1787-88 to support ratification of the U.S. Constitution.
“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.”
The judge said there was significant evidence that federal agents were able to do their job, noting the “major increase in arrests and deportations.”
The 500 Guard members from Texas and Illinois were mostly based at the U.S. Army Reserve Center in Elwood, southwest of Chicago. A small portion was sent to the U.S. Immigration and Customs Enforcement building in Broadview.
