‘Simply unreliable’: Judge blocks National Guard deployment for 2 weeks, rejects rebellion argument

A federal judge blocked the Trump administration from deploying the National Guard in the Chicago area for two weeks in a ruling Thursday.

U.S. District Judge April Perry also scheduled another hearing on Oct. 22 into whether the temporary restraining order should be extended.

The U.S. Department of Justice is appealing the decision in the lawsuit filed by the state and Chicago seeking to keep Guard troops from operating in Illinois.

The government is “temporarily enjoined from ordering the federalization and deployment of the National Guard of the United States within Illinois” through midnight Oct. 23, Perry ordered.

The lawsuit followed a U.S Immigration and Customs crackdown in the region that has sparked protests, particularly outside an ICE facility in west suburban Broadview, and clashes between federal agents and demonstrators.

Perry said the actions of the U.S. Department of Homeland Security are largely rooted in President Donald Trump’s “animus toward Illinois elected officials.” She expressed skepticism of the federal government’s characterization of protests in Broadview.

“DHS’s narrative of events is simply unreliable,” she said.

Illinois Attorney General Kwame Raoul called the ruling “a victory for the rule of law.”

“The question of whether the president of the United States has unfettered authority to militarize our cities was answered today,” he said to reporters Thursday afternoon.

“Donald Trump is not a king — and his administration is not above the law,” Gov. JB Pritzker added in a post on X. “Today, the court confirmed what we all know: there is no credible evidence of a rebellion in the state of Illinois. And no place for the National Guard in the streets of American cities like Chicago.”

Earlier in court Thursday, Perry grilled U.S. Department of Justice attorney Eric Hamilton about the accuracy of court filings claiming violence from anti-government protesters, as well as Trump stating that troops were coming to Chicago to address crime.

“Is it your understanding that they are to be deployed for purposes of solving crime?” she asked.

“They will not solve all of the crimes in Chicago,” Hamilton replied, adding, “The president is entitled to great deference here.”

The judge also questioned Hamilton on how many Guard members would be deployed and if they would stay only in Cook County.

“I don't see that you have any guardrails,” she commented.

“This is a dynamic situation that could change and for the protection of federal personnel and as conditions develop, authorities will respond appropriately,” Hamilton said.

Perry suggested the government's definition of rebellion is overly broad, asking whether a skipping jury duty or making a rude gesture at a Department of Homeland Security officer constitutes a rebellion.

“The court doesn't have to decide exactly what a rebellion is,” Hamilton replied.

“But I do,” Perry said.

Christopher Wells of the Illinois attorney general’s office contended, “there is no rebellion in Illinois. The deployment orders are untethered from reality and they are unlawful.”

A contingent of National Guard troops from Texas is currently deployed and operating out of a base in Will County. Soldiers were also in Broadview Thursday. About 700 Guardsman from Texas and Illinois had been expected to mobilize.

In closing arguments, Hamilton said “there is no possible irreparable injury” from Guardsman protecting federal personnel and property in Illinois.

“It’s troubling … plaintiffs are seeking to effectively put law enforcement, public servants at risk,” he said.

Wells disputed that, saying “most of our evidence came from law enforcement,” namely Broadview and Illinois State police.

“This case is replete with evidence of bad faith and a grave risk of usurpation and wanton tyranny,” he added.

The state’s lawsuit argues that the federal government is punishing Democratic-led states, inciting violence and, rather than arresting hardened criminals, indiscriminately targeting Black and brown residents.

“Trump has long directed threatening and derogatory statements toward the state of Illinois, the city of Chicago, and its leaders. The supposed current emergency is belied by the fact that Trump’s Chicago troop deployment threats began more than 10 years ago,” attorneys said.

The Trump administration contends the Guard is needed to protect ICE and U.S. Customs and Border Protection officers from interference and assaults.

But the DHS claim of “lawless riots,” and the need to protect the Broadview facility is wrong, the state claims.

“Far from lawless riots, the Broadview protests have been small, primarily peaceful, and unfortunately escalated by DHS’s own conduct, seemingly for the goal of using them as a pretext for the Chicago troop deployment that was announced by Trump long ago,” the state argues in court filings.

The Justice Department filed motions in opposition late Wednesday, saying if the court grants the “temporary restraining order, ICE employees, detainees, the federal facilities, and the general public in the vicinity of the federal buildings and near federal enforcement actions will continue to be at serious risk of harm and aggressive actors, who the city of Chicago is unable to control, and these aggressive actors will continue to obstruct lawful federal enforcement action.”

· Daily Herald wire services contributed to this story