Federal appeals court blocks Trump administration from sending National Guard into Illinois

Appeals court said that the federal government failed to show need for troops and called the Guard deployment an 'incursion on Illinois's sovereignty'
PUBLISHED 19 HOURS AGO
The 7th Circuit upheld the block on National Guard deployment to Illinois, delivering a major blow to President Donald Trump's plans (Getty Images)
The 7th Circuit upheld the block on National Guard deployment to Illinois, delivering a major blow to President Donald Trump's plans (Getty Images)

CHICAGO, ILLINOIS: A federal appeals court on Thursday, October 16, rejected the Trump administration’s attempt to deploy hundreds of National Guard troops in Illinois, upholding a lower court’s decision that blocked the move.

The 7th US Circuit Court of Appeals, in a unanimous ruling by a three-judge panel, said that the administration “has not demonstrated that it is likely to succeed” on its claims that such a deployment was necessary to maintain order and secure federal immigration facilities.

CHICAGO, ILLINOIS - AUGUST 25: Flanked by Illinois Gov. JB Pritzker (L) and other Illinois politicians and community leaders, Chicago Mayor Brandon Johnson speaks at a news conference to address President Donald Trump's plan to send National Guard troops into the city on August 25, 2025 in Chicago, Illinois. Besides Chicago, the president on Friday said he planned to target Baltimore and New York as well for his next federal crackdown on crime following days of federal agents working the streets of Washington with DC Metro Police. Trump today appeared to back off from those threats in remarks to reporters. (Photo by Scott Olson/Getty Images)
Flanked by Illinois Gov JB Pritzker and other Illinois politicians and community leaders, Chicago Mayor Brandon Johnson spoke at a news conference to address President Donald Trump's plan to send National Guard troops into the city on August 25, 2025, in Chicago, Illinois (Scott Olson/Getty Images)

Court rejects federal appeal on deployment order

The decision dealt a blow to President Donald Trump’s efforts to expand federal law enforcement operations in Illinois and Chicago.

The White House had argued that the deployments were needed to combat crime and protect Immigration and Customs Enforcement (ICE) facilities amid rising tensions.

In its ruling, the appeals court found no substantial evidence that protest activity in Illinois had disrupted federal immigration operations.

DETROIT, MICHIGAN - OCTOBER 10: Republican presidential nominee, former U.S. President Donald Trump, speaks at the Detroit Economic Club on October 10, 2024 in Detroit, Michigan. Michigan is considered a key battleground state in the upcoming presidential election, holding 15 electoral votes. (Photo by Bill Pugliano/Getty Images)
Donald Trump spoke at the Detroit Economic Club on October 10, 2024, in Detroit, Michigan (Bill Pugliano/Getty Images)

“Even applying great deference to the administration’s view of the facts, under the facts as found by the district court, there is insufficient evidence that protest activity in Illinois has significantly impeded the ability of federal officers to execute federal immigration laws,” the panel said.

The court noted that federal facilities, including the Broadview processing center, remained open despite frequent demonstrations, and that any sporadic disruptions were “quickly contained by local, state, and federal authorities.”

LATROBE, PENNSYLVANIA - OCTOBER 19: Republican presidential nominee, former U.S. President Donald Trump, pauses while speaking during a campaign rally on October 19, 2024, in Latrobe, Pennsylvania. There are 17 days remaining until the U.S. presidential election, which will take place on Tuesday, November 5, 2024. (Photo by Win McNamee/Getty Images)
Donald Trump paused while speaking during a campaign rally on October 19, 2024, in Latrobe, Pennsylvania (Win McNamee/Getty Images)

“Immigration arrests and deportations have proceeded apace in Illinois over the past year,” the judges added.

The ruling also noted that, "The administration has been proclaiming the success of its current efforts to enforce immigration laws in the Chicago area.”

U.S. President Donald Trump, accompanied by U.S. Interior Secretary Doug Burgum (L), U.S. Defense Secretary Pete Hegseth (2nd-L) and U.S. Attorney General Pam Bondi (R), speaks during a news conference in the James S. Brady Press Briefing Room of the White House August 11, 2025 in Washington, DC. Trump announced he will use his authority to place the DC Metropolitan Police Department under federal control to assist in crime prevention in the nation's capital, and that the National Guard will be deployed to DC. (Photo by Andrew Harnik/Getty Images)
President Donald Trump, accompanied by Interior Secretary Doug Burgum, Defense Secretary Pete Hegseth and Attorney General Pam Bondi, spoke during a news conference in the James S Brady Press Briefing Room of the White House on August 11, 2025, in Washington, DC (Andrew Harnik/Getty Images)

Court ruling bars troops from Illinois 

The appeals court also extended its decision to prevent troops from the Illinois and Texas National Guards from being deployed within Illinois.

The panel described the deployment of Texas Guard units into the state as “an incursion on Illinois’s sovereignty.”

WASHINGTON, DC - APRIL 07: U.S. President Donald Trump answers a reporters question during a meeting with Israeli Prime Minister Benjamin in the Oval Office of the White House on April 7, 2025 in Washington, DC. President Trump is meeting with Netanyahu to discuss ongoing efforts to release Israeli hostages from Gaza and newly imposed U.S. tariffs. (Photo by Kevin Dietsch/Getty Images)
President Donald Trump answered a reporter's question during a meeting with Israeli Prime Minister Benjamin Netanyahu in the Oval Office of the White House on April 7, 2025, in Washington, DC (Kevin Dietsch/Getty Images)

Previously, the court had issued an administrative stay allowing National Guard troops to be federalized but not deployed while it considered the case. Thursday’s ruling ends that stay and firmly blocks any deployment under the current order.

Meanwhile, Trump, on October 7, said he could invoke the 'Insurrection Act' if federal courts continue to block his administration’s efforts to send National Guard units into cities facing unrest.



 

The Insurrection Act is a centuries-old law that allows a president to deploy US troops on American soil.

“So far it hasn’t been necessary, but we have an Insurrection Act for a reason,” Trump told reporters in the Oval Office.

“If I had to enact it, I’d do that. If people were being killed, and courts were holding us up, or governors or mayors were holding us up, sure, I’d do that,” the president said. 

“I want to make sure people aren’t killed. We have to make sure our cities are safe,” he added.

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