The Battle for Illinois: Court Limits Trump’s Federal Power Over National Guard Troops

9 Min Read

A federal appeals court has delivered a significant, albeit nuanced, blow to the Trump administration’s efforts to deploy National Guard troops in Illinois, ruling that while the federalized troops can remain in the state, they cannot be actively deployed to protect federal property or patrol. This decision escalates an ongoing constitutional debate over executive power and state sovereignty, particularly concerning federal immigration enforcement and local protest responses.

The latest chapter in the ongoing legal and political struggle between the federal government and various states has unfolded in Illinois. A federal appeals court has ruled that while National Guard troops sent to Illinois by President Donald Trump can remain in the state under federal control, they cannot be actively deployed for now. This pivotal decision restricts the administration’s ability to use military personnel for federal property protection or patrol duties within Illinois, adding another layer of complexity to the contentious issue of federal overreach into state affairs.

The origins of this dispute trace back to President Trump’s broader strategy of deploying National Guard troops to what he described as “heavily blue cities” across the U.S., ostensibly to combat rampant crime and support federal operations. In Illinois, this initiative was tied to the administration’s immigration enforcement surge, known as Operation Midway Blitz. Despite claims of widespread lawlessness, local and state officials, including Illinois Governor JB Pritzker and Chicago Mayor Brandon Johnson, vehemently opposed the deployment, arguing that the federal government was exaggerating facts on the ground and overstepping its authority.

The initial deployment saw 500 National Guard members, drawn from both Texas and Illinois, stationed primarily at a U.S. Army Reserve Center in Elwood, southwest of Chicago, with a smaller contingent at a U.S. Immigration and Customs Enforcement (ICE) building in Broadview. This move was made despite strong objections from Governor Pritzker, who explicitly stated that the troops “should stay the hell out of Illinois.”

The Court’s Ruling: A Nuanced Restriction

The legal battle intensified when Illinois and the city of Chicago sued the Trump administration. On October 9, 2025, Federal Judge April Perry of the Northern District of Illinois issued a temporary restraining order against the deployment. Judge Perry found “no substantial evidence that a danger of rebellion is brewing in Illinois” during the administration’s immigration crackdown. Her opinion, which cited historical legal texts like the Federalist Papers, emphasized that “there has been no showing that the civil power has failed,” concluding that “resort to the military to execute the laws is not called for.”

Following the Justice Department’s appeal, the Court of Appeals for the 7th Circuit in Chicago delivered its ruling on October 11, 2025. The appellate court paused the case until further arguments could be heard, effectively allowing the federalization of the National Guard but blocking their active deployment for duties like protecting federal property or conducting patrols, as reported by Yahoo News. This means the troops can stay in the state under federal control, but their operational capacity is severely limited for the time being. The full appellate ruling can be reviewed via CourtListener, alongside Judge Perry’s initial opinion.

Members of the Texas National Guard stand guard at an army reserve training facility on Oct. 07, 2025 in Elwood, Illinois. The Trump administration has been threatening for more than a month to send the guard to Illinois to address Chicago's crime problem and to support ICE and CBP during Operation Midway Blitz. Illinois Governor JB Pritzker has been outspoken in his opposition to the move, accusing the president of using the guardsmen as political pawns.
Members of the Texas National Guard standing guard at an army reserve training facility in Elwood, Illinois, on October 7, 2025.

Broader Implications and State-Federal Tensions

The situation in Illinois is not isolated. President Trump’s administration has initiated similar deployments in other predominantly Democratic-led cities, leading to comparable legal challenges and strong local opposition. These include:

  • Portland, Oregon: A federal judge, Karin Immergut, also blocked the deployment of National Guard members, stating that the President’s determination was “simply untethered to the facts” and that “regular law enforcement forces” could handle incidents without military intervention.
  • California (Los Angeles): Deployments were met with similar judicial and gubernatorial opposition, with Governor Gavin Newsom calling the federalization of 300 California National Guard members for Portland a “breathtaking abuse of power” and vowing legal action.
  • Washington D.C.: Federal troops were also deployed here, drawing criticism regarding their role and necessity.

In contrast, Memphis, Tennessee, saw National Guard troops begin patrolling on October 10, 2025, an action welcomed by Republican state officials. This highlights the stark partisan divide in how such federal interventions are perceived and received across the country.

A woman protests the arrival of Texas Army National Guard troops across the street from the Army Reserve Training Center in Elmwood, Illinois, after being deployed as part of the federal response to ongoing immigration enforcement operations, on Oct. 7, 2025.
A woman protesting the arrival of Texas Army National Guard troops in Elmwood, Illinois, on October 7, 2025, highlighting community opposition.

Community and Political Reactions

The Trump administration’s actions sparked widespread condemnation from local and state leaders in Illinois. Governor Pritzker explicitly accused the President of creating a “war zone” and seeking “mayhem on the ground” to justify further military intervention. U.S. Senator Tammy Duckworth, an Iraq War veteran and retired Lieutenant Colonel in the Illinois Army National Guard, criticized the move as a “misuse of the National Guard” but emphasized a welcome for the “homegrown Illinoisans” serving.

Beyond political figures, a coalition of Chicagoland business and civic groups voiced their opposition, warning that troop deployment could jeopardize “meaningful progress” in making Chicago safer by sowing “fear and chaos.” They argued that such actions threatened “our businesses’ bottom lines and our reputation.” President Trump, in turn, dismissed protesters as “paid people” and suggested Governor Pritzker was “afraid for his life” by not supporting the federal intervention, further fueling the political firestorm.

National Guard members look on at the U.S. Immigration and Customs Enforcement (ICE) Broadview facility in Chicago, Illinois, U.S., October 9, 2025. REUTERS/Jeenah Moon
National Guard members observing the U.S. Immigration and Customs Enforcement (ICE) Broadview facility in Chicago, Illinois, on October 9, 2025.

What Lies Ahead?

The appeals court’s decision to pause the case until further arguments can be heard means the legal battle is far from over. This ruling sets an important precedent regarding the limits of presidential power in deploying federalized National Guard troops, especially when local and state authorities dispute the necessity and legality of such actions. The core constitutional question—when and under what circumstances a president can invoke federal power, such as the Insurrection Act, against a state’s will—remains a critical point of contention. The outcomes of these ongoing legal challenges will undoubtedly shape future federal-state relations and the use of military assets in domestic situations.

Share This Article