Judge blocks National Guard deployment in Illinois during Chicago, Portland hearings
In two different courthouses across the country, President Donald Trump's plan to send troops into Democratic-led cities faced a key legal test on Thursday. In Chicago, District Judge April Perry temporarily blocked the deployment of National Guard troops from any U.S. state into Illinois. The ruling will be in effect for 14 days.
At the Ninth Circuit Court of Appeals, a heated hour-long oral argument took place regarding whether to lift a lower court's order that blocked the deployment of troops into Portland.
These simultaneous hearings set the stage for a significant legal battle as local governments seek court intervention to prevent what some judges see as a blending of military and civilian authority.
Judge Perry stated that there is no credible evidence of rebellion in Illinois and no proof that the president cannot enforce U.S. laws with regular forces. She warned that deploying the National Guard to Illinois could lead to civil unrest, necessitating a response from local and state law enforcement.
A lawyer for the Department of Justice argued that the Chicago area is experiencing hostility towards federal law enforcement officers, leading to violent acts against Department of Homeland Security and ICE personnel. The lawyer cited examples of aggression and disregard for law and order in Illinois.
During the hearing, Judge Perry questioned the limits of the Guard's authority and mission. The attorney for Illinois highlighted the calming situation outside the ICE facility in Broadview due to local restrictions on protests and increased police presence.
In a separate hearing at the Ninth Circuit Court of Appeals, a panel discussed whether to lift an order blocking the deployment of federalized members of the Oregon National Guard into Portland. The court issued a stay to maintain the status quo as the case progresses.
Oregon argued that the troop deployment is part of a broader effort to involve the military in civilian law enforcement based on inaccurate information about Portland. The state emphasized the importance of judicial oversight to uphold the rule of law in the face of what it deemed as unlawful executive action.
A federal judge expanded an order to prevent any state's National Guard from entering Portland, suspecting an attempt to circumvent the initial restraining order. The Trump administration contests judicial restrictions on the president's authority to deploy the National Guard.
In an amicus brief, former military leaders cautioned against broad National Guard deployments in domestic operations, citing risks to national security missions, safety concerns for personnel, and potential politicization of the military.