Court: National Guard troops sent to Illinois by Trump can stay but can’t be deployed for now

National Guard
National Guard Photo by FMT licensed under CC BY 4.0.

A federal appeals court ruled Saturday that National Guard troops sent to Illinois by President Donald Trump can remain in the state under federal control—but cannot patrol city streets or guard federal property for now. The decision follows days of legal back-and-forth over the controversial deployment, part of Trump’s broader immigration crackdown that has sparked constitutional and political clashes across the country.

The ruling temporarily upholds a lower court’s order from U.S. District Judge April Perry, who on Thursday blocked the Guard’s deployment for at least two weeks. Perry found no substantial evidence that Illinois was facing a “danger of rebellion,” rejecting the administration’s claim that rising crime rates justified the move. On Friday, she issued a sharply worded opinion referencing the Federalist Papers and historical precedent to support her conclusion.

“There has been no showing that the civil power has failed,” Perry wrote. “The agitators who have violated the law by attacking federal authorities have been arrested. The courts are open, and the marshals are ready to see that any sentences of imprisonment are carried out. Resort to the military to execute the laws is not called for.”

Her ruling emphasizes that the Insurrection Act—which allows the president to deploy troops when a state cannot maintain order—requires clear evidence of rebellion or lawlessness. Perry said the government provided none. In fact, she noted that federal agents have been able to carry out their duties effectively, citing “huge increases in arrests and deportations” as proof that civil authority remains intact.

Roughly 500 Guard members from Texas and Illinois are currently stationed at a U.S. Army Reserve Center in Elwood, southwest of Chicago, with a smaller contingent positioned near an ICE facility in Broadview. For now, however, their role remains on hold as the courts prepare to hear further arguments on whether Trump’s use of the National Guard in Illinois is constitutional.