A federal appeals court refused a request by the U.S. government to pause a judge’s order that blocked President Donald Trump from deploying National Guard troops to Chicago.
A three-judge panel of the 7th U.S. Circuit Court of Appeals on Thursday largely preserved an Oct. 9 order by U.S. District Judge April Perry that temporarily paused the administration’s use of soldiers to respond to protests against Trump’s immigration crackdown. However, the Chicago-based court said the troops can remain under the control of the federal government for the time being.
The appellate panel agreed with Illinois officials that the federal government had failed to show any evidence to justify the use of troops in the city, “even giving substantial deference” to the president’s claim that protests in Chicago amounted to a “rebellion” or “invasion” that necessitates the use of National Guard soldiers.
While the administration “has a strong interest in the protection of its agents and property,” the evidence presented in court filings showed that “the federal government has been able to protect federal property and personnel without the National Guard’s help,” according to the written ruling.
“The public has a significant interest in having only well-trained law enforcement officers deployed in their communities and avoiding unnecessary shows of military force in their neighborhoods, except when absolutely necessary and justified by law,” the panel said.
The restrictions imposed by Perry will remain in place until at least Oct. 23, though she’ll consider a two-week extension on Oct. 22. In her ruling, she concluded that allowing troops into the state now may escalate conflicts with protesters and do more harm than good. She has yet to decide whether to grant a request by Illinois and Chicago for a longer lasting injunction that would block deployments until the legal case is resolved.
Thursday’s ruling marks the second time the 7th Circuit appeals court has refused to allow troops to be deployed in the city. On Saturday, the panel declined to block Perry’s decision while it weighed the more formal ruling issued today.
The case in Chicago is one of several the administration is fighting over its attempts to deploy National Guard troops in response to civilian protests against its immigration crackdown. In Oregon, a federal judge issued two similar temporary orders barring the deployment of troops to Portland while the 9th U.S. Circuit Court of Appeals considers a request by the administration to overturn the order.
The case is State of Illinois v. Trump, 25-cv-12174, US District Court, Northern District of Illinois (Chicago).
Top photo: Members of the Texas National Guard arrive at an army reserve training facility in Elwood, Illinois on Oct. 7.
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