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Judge calls feds ‘unreliable,’ temporarily blocks National Guard deployment to Illinois

10 October 2025 at 02:44

Military personnel enter Broadview ICE facility Thursday | Photo by Andrew Adams/Capitol News Illinois

CHICAGO — A federal judge on Thursday temporarily blocked President Donald Trump from deploying 500 National Guard troops to Chicago as the administration’s immigration enforcement actions have intensified — along with protests against them.

U.S. District Judge April Perry noted the ongoing protests outside a local immigration processing center have never exceeded 200 demonstrators. She said the demonstrations fall far short of the high legal bar needed to be characterized as a “rebellion” that would allow the administration to take control of the Illinois National Guard and deploy troops from Texas and California to Chicago.

“I have seen no credible evidence that there is a danger of rebellion in the state of Illinois,” the judge said as she issued her oral ruling late Thursday afternoon.

While Perry acknowledged protesters have assaulted immigration agents and damaged federal property — namely vehicles belonging to U.S. Immigration and Customs Enforcement and U.S. Border Patrol — the judge said there was far more evidence that the feds actually escalated or even caused clashes with activists.

More than a dozen protestors have been arrested in recent weeks outside an ICE processing center in the suburb of Broadview, approximately 13 miles directly west of Thursday’s hearing in Chicago’s Dirksen Federal Courthouse.

The ICE facility has been the epicenter of protests against the Trump administration’s ramped-up immigration enforcement actions in the last month. The Department of Homeland Security claims “Operation Midway Blitz” in Chicago and its suburbs has resulted in the arrests of more than 1,000 people.

Read more: Court scrutiny of ICE mounts as judge rules warrantless arrests violated order

National Guard would add ‘fuel to the fire’

DHS claims the federal troop deployment is necessary to protect the facility, along with federal immigration agents working in and around it.

But the judge agreed with arguments put forth by the state and city of Chicago in its lawsuit that deploying the National Guard was more likely to lead to civil unrest than be a force for peacekeeping, as guardsmen are “not trained in de-escalation.” Throughout nearly three hours of arguments in her courtroom, she continually pushed back on U.S. Department of Justice lawyers’ claims that Chicago-area immigration protests had grown out of control due to violent agitators.

Perry noted that for 19 years, weekly prayer vigils outside the Broadview facility occurred without incident. But she said most of the evidence pointed to federal agents — not protesters — as the catalysts for violence. She recounted recent incidents in which agents used chemical agents and nonlethal rounds against crowds “as small as 10 people.”

Deploying the guard “will only add fuel to the fire that the defendants themselves have started,” she said.

The judge will publish a written decision on Friday. But after giving her a verbal ruling Thursday, she agreed to use the widest possible wording to prevent the Trump administration from deploying troops from other states while her 14-day temporary restraining order remains in place.

For now, the feds won’t be able to order troops to perform their “federal protective missions” anywhere in Illinois.

That includes members of the Texas National Guard, who made their first appearance Thursday morning at the Broadview facility.

Texas Guard is already here

The Trump administration dispatched National Guard troops to Illinois from Texas earlier this week, even after the judge on Monday urged them to wait for Thursday’s hearing. Fourteen members of California’s National Guard were also sent to the Chicago area in order to train Illinois troops. Eric Wells, a top lawyer for Illinois Attorney General Kwame Raoul, argued the move was a harbinger of “wanton tyranny.”

“I can only say that what I think what we heard from the United States Department of Justice was startling, unbounded, limitless and not in accord with our system of ordered liberty of federalism, of a constitutional structure that has protected this nation and allowed it to prosper for hundreds of years,” Wells said as he began his final arguments.

Raoul sat front-row throughout Thursday’s arguments in the courtroom and grew emotional while answering reporter questions after Perry’s ruling. He called the attorneys who worked on the case “true American heroes.”

“This is an important decision not just for the state of Illinois but for the entire country,” he said. “The question of state sovereignty was addressed in this decision. The question of whether or not the president of the United States should have unfettered authority to militarize our cities was answered today.”


Kwame Raoul

Illinois Attorney General Kwame Raoul speaks to reporters on Thursday after a federal judge blocked the Trump administration from deploying the National Guard to Chicago. (Capitol News Illinois photo by Hannah Meisel)

Trump administration to appeal

The Trump administration is poised to appeal Perry’s decision, just as it challenged a decision from Trump-appointed federal judge in Oregon who also blocked the National Guard’s deployment to Portland over the weekend. The 9th Circuit Court of Appeals on Thursday heard the case, during which two other Trump-appointed judges appeared amenable to arguments that a president should be given deference in matters of national security, according to reporting from POLITICO.

DOJ lawyer Eric Hamilton also pushed for deference in his arguments to Perry Thursday. He said it wasn’t up to the judge to decide whether there was a risk of rebellion or even whether Trump was “relying on completely invalid evidence,” as Perry put it.

Hamilton painted a much darker picture of the protests in Broadview and Chicago, claiming that “sustained violence” in recent weeks was preventing DHS from “executing federal law.”

“They are not protesters,” he said. “They are the violent resistance of duly enacted immigration laws.”

Hamilton said dozens of agents have been “injured, hit, punched” — one even had his beard ripped off by a protester, he alleged.

“How — how did that happen?” Perry asked at one point. “Like an entire … not pieces of hair? His whole beard?”

“I believe that’s what the declaration says,” Hamilton said, referring to a filing in the case.

‘DHS’ version of events are unreliable’

In delivering her ruling, Perry said the DOJ’s arguments in the National Guard case seemed to add to “a growing body of evidence that DHS’ version of events are unreliable.” She said the administration’s characterization of immigration protests “cannot be aligned” with the accounts of local and state law enforcement submitted in legal filings.

For example, Hamilton referenced recent arrests of protesters, including a couple who were arrested for allegedly assaulting officers and happened to be carrying their licensed concealed weapons. But a federal grand jury this week declined to indict the couple, along with a third person, all of whom had already been released on bond.

Over the weekend, a Customs and Border Protection agent shot a woman in Brighton Park on Chicago’s Southwest Side during an altercation with agents. DHS officials allege the woman was one of 10 drivers who were following federal agents’ vehicles Saturday morning and eventually boxed them in.

But her attorney told a federal judge this week that body-camera footage contradicts that narrative and shows an officer shouting “do something b—-,” according to reporting from the Chicago Sun-Times. She and another driver were arrested over the weekend but the judge ordered them released.

Hamilton also referred to the incident several times, claiming drivers were “ramming” into immigration vehicles.

None of the other protesters arrested by either federal or local authorities in recent weeks remain in detention, with most arrestees handcuffed and immediately released after receiving a citation.

Federal prosecutors on Thursday dropped charges against one of the arrested protesters, one day after a federal judge granted a temporary restraining order against ICE barring agents from arresting peaceful protesters or journalists covering immigration demonstrations. It also bars federal agents from using harsh crowd control methods such as tear gas and other non-lethal weapons and ammunition.

The judge pointed out the Trump administration activated the National Guard the same weekend a federal immigration official stationed in Broadview described as a “great weekend” in an internal email late Sunday night. The official said the relative calm was due to the Illinois State Police, which last week formalized cooperation with Broadview Police and the Cook County Sheriff’s Office into a “unified command” and put up fencing around the building.

Perry cited the dropped charges for protesters this week, the First Amendment restraining order won by journalism groups, and another federal judge’s ruling Tuesday that ICE violated a consent decree restricting warrantless arrests.

“So to summarize, in the last 48 hours, in four separate unrelated legal decisions from four different neutral parties, they all cast doubt on DHS’ version of events,” the judge said.

Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.

This article first appeared on Capitol News Illinois and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

Trump deployment of troops to Democratic states targets Illinois

7 October 2025 at 19:26
Illinois Gov. JB Pritzker speaks at a news conference in Chicago on Oct. 6, 2025. Chicago Mayor Brandon Johnson stands at right. (Photo by Scott Olson/Getty Images)

Illinois Gov. JB Pritzker speaks at a news conference in Chicago on Oct. 6, 2025. Chicago Mayor Brandon Johnson stands at right. (Photo by Scott Olson/Getty Images)

A federal judge will hear arguments Thursday in Illinois over Chicago’s lawsuit challenging President Donald Trump’s deployment of National Guard troops to the state before deciding whether to block the move, the judge wrote in an order.

In a one-paragraph order, U.S. District Judge April M. Perry, whom Democratic President Joe Biden appointed to the bench, set an 11:59 p.m. Wednesday deadline for the Trump administration to respond in writing to the suit filed by the Democratic leaders of Illinois and its largest city, which they filed Monday morning. 

Perry did not immediately grant the restraining order Gov. JB Pritzker and Mayor Brandon Johnson sought to block the deployment at the outset of the case.

Perry said she expected the federal government’s response to include evidence about when National Guard troops would arrive in Illinois, where in the state they would go and “the scope of the troops’ activities” once there. She set oral arguments for 11 a.m. Central Time on Thursday.

The suit seeks to stop Trump’s federalization of Illinois National Guard and mobilization of Texas National Guard troops to the state. Texas Gov. Greg Abbott, a Republican, has also agreed to send Guard troops to Portland, Oregon, at Trump’s request.

Pritzker and Johnson’s complaint calls the federalization of state National Guard troops “illegal, dangerous, and unconstitutional.” The Democrats added that the move was “patently pretextual and baseless,” meaning it could not satisfy the legal requirements for a president to wrest from a governor control of a state’s National Guard force.

Pritzker, appearing at a Tuesday event in Minneapolis with Minnesota Gov. Tim Walz said the federal government has been noncommunicative about the plan for the National Guard troops, but had received “reports” that troops have arrived at a federal facility in the state.

“We don’t know exactly where this is going to end,” he said. “What we know is that it is striking fear in the hearts of everybody in Chicago.”

A federal judge in another case blocked the deployment to Portland after city and Oregon leaders sued to stop it. The federal government appealed that order, and a panel of the 9th Circuit U.S. Court of Appeals will hear oral arguments Thursday, according to a scheduling notice posted Tuesday.

Insurrection Act cited by Trump

Trump has said the extraordinary use of troops, which raises serious legal and constitutional questions about the line between military forces and domestic law enforcement, is necessary to control crime in some Democrat-led cities, including Chicago and Portland. 

State and local leaders in those jurisdictions, as well as Los Angeles, have said military personnel are not needed to supplement local police. Pritzker called the proposed deployment to Chicago an “invasion.”

Trump indicated Monday he may seek to further escalate the push for military involvement domestically, saying he would have no qualms about invoking the Insurrection Act, which expands presidential power to use the military for law enforcement.

“We have an Insurrection Act for a reason,” he told reporters. “If I had to enact it, I’d do that. If people were getting killed and courts were holding us up or governors or mayors were holding us up, sure, I’d do that.”

Democratic U.S. Sens. Tammy Duckworth and Dick Durbin of Illinois, Jeff Merkley and Ron Wyden of Oregon and Alex Padilla and Adam Schiff from California — the three states where Trump has sent troops over the governors’ objections — called on Trump to withdraw the troops in a Tuesday statement that warned of the escalating conflict between blue states and the federal government.

“Donald Trump is stretching the limits of Presidential authority far past their breaking point and moving us closer to authoritarianism with each dangerous and unacceptable escalation of his campaign to force federal troops into American communities against the wishes of sovereign states in the Union he is supposed to represent,” the senators wrote.

Dems in Congress question raid

Trump’s use of National Guard troops is in part a response to protests in Democratic cities over this administration’s crackdown on immigration enforcement.

Trump has surged immigration enforcement officers to certain cities. Those agents have pursued sometimes aggressive enforcement, including a Sept. 30 raid on a Chicago apartment building that has been criticized for using military-style tactics.

A group of eight U.S. House Democrats wrote Monday to Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem calling for an investigation into that raid.

The members were Homeland Security Committee ranking member Bennie Thompson of Mississippi, Judiciary Committee ranking member Jamie Raskin of Maryland, J. Luis Correa of California, Pramila Jayapal of Washington, Shri Thanedar of Michigan, Mary Gay Scanlon of Pennsylvania and Delia Ramirez and Jesús “Chuy” Garcia of Illinois.

“We write to express our outrage over the immigration raid,” they said. “Treating a U.S. city like a war zone is intolerable.”

J. Patrick Coolican contributed to this report.

Over Pritzker’s objections, Trump sending 300 National Guardsmen to Chicago, governor says

A few dozen protestors and reporters gathered outside an immigration enforcement facility in Broadview on Saturday, Oct. 4. The facility has become a focal point of protest since ICE officials expanded their immigration enforcement in Chicagoland. (Capitol News Illinois photo by Andrew Adams)

CHICAGO — After weeks of threatening to do so, President Donald Trump is taking command of 300 Illinois National Guard troops and sending them to Chicago over Gov. JB Pritzker’s objections, the governor announced Saturday.

“This morning, the Trump Administration’s Department of War gave me an ultimatum: call up your troops, or we will,” Pritzker said in a statement. “It is absolutely outrageous and un-American to demand a Governor send military troops within our own borders and against our will.”

The promised deployment comes as federal Immigration and Customs Enforcement, or ICE, activity has ramped up in Chicago and its suburbs as part of “Operation Midway Blitz,” which has so far resulted in more than 800 arrests according to the Department of Homeland Security.

There have also been two shootings, including one Saturday on the city’s Southwest Side.

Though the Trump administration insists ICE is targeting undocumented immigrants with criminal backgrounds, reports have mounted of agents arresting those with no history of illegal activity, detaining children along with their parents and even handcuffing U.S. citizens. Immigrant and civil rights groups have alleged ICE is arresting people without warrants in violation of a federal consent decree.

The wave of raids and arrests has spurred large protests in recent weeks, especially outside of an ICE processing center in Broadview, a suburb eight miles west of Chicago. The demonstrations have spurred clashes between immigration agents and activists, leading to the arrests of several protestors last weekend on charges of resisting and assaulting officers. Agents have sprayed chemical agents and fired nonlethal rounds into the crowds outside the facility.


Protestors and reporters

Protestors and reporters gathered outside an immigration enforcement facility in Broadview on Saturday, Oct. 4. (Capitol News Illinois photo by Andrew Adams)

On Monday, Pritzker announced DHS was seeking 100 Illinois National Guard troops to protect ICE facilities and immigration agents in Illinois, warning the Trump administration would use any confrontation resulting from its Chicago-area immigration crackdown as a “pretext” for a military deployment.

On Saturday, the governor called the administration’s National Guard activation a ”manufactured performance” and not about protecting public safety.

“I want to be clear: there is no need for military troops on the ground in the State of Illinois,“ Pritzker said, pointing to the Illinois State Police’s announcement this week that it had joined forces with Broadview Police and the Cook County Sheriff’s Office to form a “Unified Command” to coordinate law enforcement activity outside the ICE facility.

One of ISP’s first acts in Broadview was designating demonstration areas, also known as “free speech zones.” Pritzker on Saturday said the combined efforts of state and local law enforcement protected “people’s ability to peacefully exercise their constitutional rights.”

The Unified Command reported the arrests of at least five protesters on Friday, and five more on Saturday night, as of 8 p.m. The area was quiet Saturday afternoon with only about a dozen protesters gathered, at times outnumbered by members of the media.


woman delivers medicine through gate

A woman delivers medicine at the scene of the protests. (Capitol News Illinois photo by Andrew Adams)

“I will not call up our National Guard to further Trump’s acts of aggression against our people,” the governor said in his statement.

But shortly before Pritzker’s announcement about the National Guard deployment Saturday, a U.S. Border Patrol agent shot a woman in an altercation between immigration agents and protesters on Chicago’s Southwest Side.

According to reporting from the Chicago Sun-Times, the woman was alleged to have been driving one of 10 cars that “rammed” and “boxed in” nearly three dozen immigration agents in the city’s Brighton Park neighborhood. Agents fired “defensive shots” when they saw the woman was allegedly “armed with a semi-automatic weapon,” according to the paper. She was taken to a nearby hospital for treatment. The woman was one of two people charged by federal prosecutors in the Northern District of Illinois with using their vehicles to “assault, impede, and interfere with the work of federal agents in Chicago.”

Trump and Pritzker have spent weeks trading barbs over the president’s threats to deploy National Guard troops to Chicago, with the governor alleging Trump’s apparent backing off from the idea last month was a sign of dementia.

The governor has already vowed legal action against the Trump administration if and when the president activated the National Guard. After the president sent 1,400 National Guard troops to Los Angeles this summer — the first time since the 1960s that the feds deployed the National Guard without a governor’s consent — a federal judge last month ruled the move violated the Posse Comitatus Act, which limits the power of the federal government to use military force for domestic matters. But the ruling only applies to California.

The National Guard’s presence in Los Angeles has dwindled to roughly 250, but there are still a couple thousand troops on assignment in Washington, D.C., where the federal government has more power over law enforcement. Since their August deployment to the nation’s capital, guardsmen have been reportedly picking up garbage, as they are only authorized to assist with arrests if asked by local law enforcement.

Trump has also threatened to federalize the National Guard in Portland, Oregon, though troops had not yet been sent as of Saturday evening. Tennessee’s Republican governor has welcomed the president’s recent suggestion that he’d deploy guardsmen to Memphis, but that has also yet to happen.

Chicago, Los Angeles, Portland, Washington, D.C. and Shelby County, Tennessee, where Memphis is situated, have all adopted so-called “sanctuary city” policies wherein local law enforcement are barred from assisting in federal immigration enforcement. Trump has targeted cities and states that have adopted such laws, and last week a federal judge in Rhode Island ruled the administration cannot withhold emergency funding from Illinois and other states based on those states’ refusal to participate in immigration enforcement.

But this week, Attorney General Kwame Raoul said he learned of another attempt by the White House to divert disaster relief funding from Illinois with four days remaining in the fiscal year “without any notice or explanation.”

Meanwhile, DHS Secretary Kristi Noem visited Illinois again on Friday. Noem has traveled to the Chicago area and Springfield several times this year, including last month when she oversaw an early morning raid in Elgin, where at least one U.S. citizen was arrested.

“Secretary Noem should no longer be able to step foot inside the State of Illinois without any form of public accountability,” Pritzker said in a statement.

On Friday, Noem appeared with Gregory Bovino, commander-at-large of the U.S. Border Patrol, at the Broadview ICE facility with a camera crew, according to Chicago’s ABC 7.

Late Friday, Pritzker also said he’s making state resources available to people affected by a Sept. 30 raid on a South Shore apartment building.

In Chicago’s Logan Square neighborhood, masked federal agents deployed a chemical irritant outside of a grocery store as people and cars lined up to block their advancement, according to the Chicago Sun-Times.

State Rep. Eva-Dina Delgado, D-Chicago, condemned the action, which happened around the corner from an elementary school in her district. Chicago Ald. Jessie Fuentes also alleges she was handcuffed by immigration agents while questioning them at a Humboldt Park medical center.

Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.

This article first appeared on Capitol News Illinois and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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