Illinois and Chicago sue Trump admin over ‘patently unlawful’ National Guard deployment

The lawsuit said deploying federalized troops to Illinois is unlawful and urged the court to stop the unconstitutional use of the National Guard
The lawsuit came two days after President Donald Trump authorized 300 Illinois National Guard troops to Chicago to 'protect federal officers and assets' (Getty Images)
The lawsuit came two days after President Donald Trump authorized 300 Illinois National Guard troops to Chicago to 'protect federal officers and assets' (Getty Images)

WASHINGTON, DC: The state of Illinois and the city of Chicago filed a lawsuit on October 6 against the Trump administration, seeking to block its decision to deploy National Guard troops to Chicago.

The lawsuit marks a new legal escalation in the standoff between Democratic-led states and the White House over the use of federalized forces during ongoing protests.

“Defendants’ deployment of federalized troops to Illinois is patently unlawful,” the lawsuit reads. “Plaintiffs ask this court to halt the illegal, dangerous, and unconstitutional federalization of members of the National Guard of the United States, including both the Illinois and Texas National Guard.”  

CHICAGO, ILLINOIS - AUGUST 25: Illinois Gov. JB Pritzker holds a news conference with other Illinois politicians and community leaders to address President Donald Trump's plan to send National Guard troops into Chicago 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)
Illinois Gov JB Pritzker holds a news conference with other Illinois politicians and community leaders to address President Donald Trump's plan to send National Guard troops into Chicago on August 25, 2025 in Chicago, Illinois (Scott Olson/Getty Images)

Chicago, Illinois challenge Trump’s troop order in federal court

The legal challenge came just two days after President Donald Trump authorized 300 members of the Illinois National Guard to be sent to Chicago to “protect federal officers and assets.”

The move mirrored earlier deployments to Los Angeles and Washington, DC, amid protests targeting the federal government’s immigration enforcement policies.

The administration also reportedly planned to dispatch an additional 400 troops from the Texas National Guard to Illinois, Oregon, and other states, further intensifying tensions between federal and state authorities.



 

Governor JB Pritzker condemns move as an ‘invasion’

Illinois Governor JB Pritzker sharply criticized the Trump administration’s decision, calling it an “invasion” and accusing the White House of undermining state sovereignty.

“Deploying federalized troops without a state’s consent is dangerous and unconstitutional,” Pritzker said on Sunday, pledging to fight the move in court.

Lawsuit claims political motive behind National Guard deployment

Announcing the move, he wrote on X, “Illinois is taking the Trump Administration to court for their unlawful and unconstitutional deployment of military troops to our state. Thank you @ILAttyGeneral Raoul for helping defend the rule of law.”

The lawsuit, filed in the District Court for the Northern District of Illinois, argues that the troop deployments are politically driven, citing what it describes as President Trump’s “threatening and derogatory” remarks about Chicago and Illinois over the years.

It names Trump, Department of Homeland Security Secretary Kristi Noem, and Defense Secretary Pete Hegseth as defendants, accusing them of overstepping constitutional limits.

In a series of posts, Pritzker had criticized the Trump administration over the move to send troops. “This evening, President Trump is ordering 400 members of the Texas National Guard for deployments to Illinois, Oregon, and other locations within the United States. No officials from the federal government called me directly to discuss or coordinate,” he wrote.



 

“The brave men and women who serve in our national guards must not be used as political props. This is a moment where every American must speak up and help stop this madness,” he said.



 

Chicago Mayor Brandon Johnson said that he would reject any attempt to occupy Chicago and resist the federal overreach.

“I’m proud to stand with @GovPritzker and @ILAttyGeneral in filing a lawsuit to halt the Trump administration’s deployment of National Guard troops to our city. We reject any attempt to occupy Chicago and we will use every tool at our disposal to resist this federal overreach,” he posted on X. 



 

Brandon Johnson signs executive order establishing ‘ICE-free zones’

On October 6, Johnson signed an executive order aimed at limiting where federal agents can operate in the city, prohibiting them from using certain city-owned spaces for immigration enforcement activities.

Johnson said that Chicago stands firm in protecting the constitutional rights of residents and immigrant communities while upholding democracy.

"We will not tolerate ICE agents violating our residents’ constitutional rights, nor will we allow the federal government to disregard our local authority. ICE agents are detaining elected officials, tear-gassing protestors, children, and Chicago police officers, and abusing Chicago residents," he said. "We will not stand for that in our city. With this Executive Order, Chicago stands firm in protecting the constitutional rights of our residents and immigrant communities and upholding our democracy," he added.



 

The order, which took effect immediately, prohibits federal immigration authorities from using “city-owned or controlled parking lots, vacant lots, and garages as staging areas, processing locations, or operations bases for civil immigration enforcement activities,” it states.

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