US Supreme Court blocks deployment of National Guard to Chicago

The US Supreme Court on Tuesday refused to allow the Trump administration to deploy National Guard troops to Chicago.

In an unsigned order, the court rejected the administration’s petition to overturn a Temporary Restraining Order (TRO) issued in October by Judge April Perry of the Northern District of Illinois. Perry wrote that there is “no credible evidence that there is danger of rebellion in the state of Illinois” when issuing the TRO that originally blocked the National Guard deployment.

The Trump administration appealed the TRO to the Supreme Court after an appellate court refused to overturn the order later in October. In its petition, the administration argued that:

Federal immigration-enforcement efforts have encountered significant resistance, as well as some violence, in Chicago… [F]ederal officers have been obstructed, threatened, and assaulted as they attempt to perform their duties [and] an Immigration and Customs Enforcement processing facility in Broadview, Illinois, has been the site of frequent and sometimes violent protests, damaging federal property and threatening the safety of federal officers.

In the unsigned order the Court responded: “At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois. The President has not invoked a statute that provides an exception to the Posse Comitatus Act.” The administration has sought to circumvent the Posse Comitatus Act, which restricts the president’s ability use the military as a domestic police force.

Illinois Governor JB Pritzker called the ruling “an important step in curbing the Trump Administration’s consistent abuse of power and slowing Trump’s march toward authoritarianism.”

The deployment of National Guard troops has been one of the more controversial elements of the administration’s response to illegal immigration.

The administration’s appeal to the Supreme Court was filed after the US Court of Appeals for the Seventh Circuit upheld the part of Judge Perry’s order that blocked the administration from deploying the National Guard within Illinois.