A federal appeals court ruled Saturday the National Guard troops in Illinois can remain under federal control but can’t be deployed as the appeals process continues in the ongoing showdown between the Trump administration and the state.
The Seventh Circuit Court of Appeals agreed to temporarily pause part of a lower court’s order this week that halted deployments of National Guard troops in the state for two weeks – the latest in a bicoastal court saga over whether President Donald Trump is exceeding his authority by deploying troops to quell demonstrations outside ICE facilities near Democratic-led cities like Chicago and Portland.
“Members of the National Guard do not need to return to their home states unless further ordered by a court to do so,” the order says.
Troops in the Chicago area are now engaged in “planning and training,” but “not conducting any operational activities at this time,” US Northern Command said in a Friday update.
There were 300 members of the Illinois National Guard and 200 members of the Texas National Guard activated under Title 10 and in the Chicago area as of Wednesday, the command previously said.
“This is a victory for our state,” Illinois Attorney General Kwame Raoul said in a statement. “This is a victory for state and local law enforcement – who know their communities and who protect the right of their communities to speak truth to power.”
The Trump administration had filed a notice of appeal this week against US District Court Judge April Perry’s decision Thursday to grant a temporary restraining order blocking Trump’s National Guard deployment in Illinois.
“I have seen no credible evidence that there has been rebellion in the state of Illinois” that would justify federalizing National Guard soldiers, Perry said in her ruling, calling Department of Homeland Security assessments of the protests “unreliable.”
Sending in troops would “only add fuel to the fire,” the judge added.
Leaders in areas like Illinois and Oregon have emphatically disputed the Trump administration’s characterizations of their cities as “war-ravaged” and uncontrollably violent, arguing in court that the situation on the ground is not as extreme as federal officials are portraying it to be.
Other states have rallied behind Illinois’ legal battle, as Maryland – along with 19 other states, Washington, DC, and three governors’ offices – filed an amicus brief Saturday evening calling the president’s deployment of the National Guard across the US “unlawful, unconstitutional, and undemocratic.”
“The Trump Administration’s shifting and expanding misuse of the National Guard exemplifies the concentration of power that the Founding Generation feared,” the brief reads.
On the West Coast, a three-judge panel with the Ninth Circuit Court of Appeals is still weighing whether the Trump administration should be blocked from deploying the Oregon National Guard to respond to ICE protests in Portland. They have yet to release a decision, though state Attorney General Dan Rayfield on Thursday said he expects a ruling “in the coming days.”
The appeals court ruled Wednesday to temporarily allow the federalization of the Oregon National Guard, while the block against deploying the troops remains in effect.
CNN’s Elizabeth Wolfe contributed to this report.
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