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In a significant judicial move, the Trump administration has sought the intervention of the Supreme Court to authorize the deployment of the National Guard in the Chicago area. This request is part of President Trump’s broader strategy to dispatch military forces to cities governed by Democrats.
On Friday, the Justice Department submitted an urgent appeal to the Supreme Court, aiming to overturn a previous judicial decision that prevented Trump from sending a substantial number of National Guard troops into Illinois.
“This Court should stay the district court’s October 9 injunction in its entirety,” stated Solicitor General D. John Sauer in the administration’s plea to the justices. He emphasized that the injunction undermines the President’s authority and presents unnecessary risks to federal personnel and assets.
This case marks a historic first as it brings the Supreme Court into the debate over Trump’s bold deployment of the National Guard within the United States.
Sauer further contended that the situation highlights a “disturbing and recurring pattern,” where federal officers attempting to enforce immigration laws are encountering “prolonged, coordinated, violent resistance.”
He said that leads to Trump calling in the National Guard and local leaders suing the federal government.
“The district court then issues an opinion granting injunctive relief against the President’s action that downplays or denies the ongoing threat to the lives and safety of federal agents, substitutes the court’s own judgment for the President’s about the need for military augmentation, and gives little or no weight to the United States’ interest in enforcing federal immigration law,” Sauer wrote, contending that the pattern first began in Los Angeles — the first city where the National Guard was sent.
Local leaders have emphatically rejected the administration’s portrayal of the scene on the ground in cities where Trump has sought to send troops, writing in court papers that protests have been small and largely peaceful. In addition to Chicago and Los Angeles, the National Guard has also been sent to Portland, Ore., and Washington, D.C.
The high court asked Illinois and Chicago officials to respond to the administration’s arguments by Monday evening.
The administration’s appeal comes a day after a federal appeals court rejected Trump’s request to let him send troops into Illinois.
A three-judge panel on the U.S. Court of Appeals for the 7th Circuit allowed the president to maintain control of the National Guard but determined there was “insufficient evidence” of rebellion or Trump’s inability to execute the law without sending in the troops.
The judges concluded that the facts on the ground in the state “do not justify” Trump’s actions there, even after giving “substantial deference” to his assertions.
Before U.S. District Judge April Perry blocked Trump’s federalization and deployment of the National Guard in Illinois last week, about 300 members of the state’s National Guard were sent to the Chicago area alongside 200 troops from Texas, according to the military unit commanding them. They were activated for 60 days.
The U.S. Northern Command said in a statement posted after the decision that the soldiers in Chicago are “not conducting any operational activities at this time.”
The portion of Perry’s ruling blocking Trump’s control of the troops is temporarily paused until the administration’s appeal is resolved.
Illinois and Chicago officials sued over the National Guard takeover earlier this month. Gov. JB Pritzker (D) has called Trump’s efforts an “unconstitutional invasion of Illinois by the federal government.”
Attorney General Kwame Raoul told The Hill in a statement that his office “remains steadfast” in its commitment to upholding the rule of law and will “vigorously” oppose the Trump administration’s efforts to undo the lower court’s decisions.
“As the district court and 7th Circuit Court of Appeals have affirmed, there is no need or lawful basis for troops to be deployed in the state of Illinois,” Raoul said.
Updated at 5:39 p.m. EDT