{"id":309090,"date":"2025-10-16T21:52:10","date_gmt":"2025-10-16T21:52:10","guid":{"rendered":"https:\/\/www.europesays.com\/us\/309090\/"},"modified":"2025-10-16T21:52:10","modified_gmt":"2025-10-16T21:52:10","slug":"federal-appeals-court-denies-request-to-stay-order-on-national-guard","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/309090\/","title":{"rendered":"Federal appeals court denies request to stay order on National Guard"},"content":{"rendered":"

Saying \u201cpolitical opposition is not rebellion,\u201d a federal appeals court in Chicago on Thursday left intact a district judge\u2019s order barring the president from deploying National Guard troops<\/a> in the city and state pending the outcome of the appeal.<\/p>\n

In its 18-page ruling, the 7th U.S. Circuit Court of Appeals said the findings by U.S. District Judge April Perry were not \u201cclearly erroneous\u201d and that \u201cthe facts do not justify\u201d President Donald Trump\u2019s actions in Illinois.<\/p>\n

The three-judge appellate panel unanimously agreed with Perry that even giving the president \u201cgreat deference\u201d when it comes to his power to call up the military, there was no evidence that he needed troops to help enforce immigration law or quell any kind of organized rebellion.<\/p>\n

\u201cThe spirited, sustained, and occasionally violent actions of demonstrators in protest of the federal government immigration policies and actions, without more, does not give rise to a danger of rebellion against the government\u2019s authority,\u201d the opinion by Judges Ilana Rovner, David Hamilton, and Amy St. Eve read.<\/p>\n

The judges went on to note that while the Trump administration has claimed that protesters and local politicians are hampering immigration-enforcement efforts, the evidence \u2014 and even the administration\u2019s own statements \u2014 don\u2019t back that up.<\/p>\n

Two of the three judges on the panel, Rovner and St. Eve, were appointed to the 7th Circuit by Republican presidents, with St. Eve\u2019s appointment coming during Trump\u2019s first term. Hamilton was appointed by Democrat Bill Clinton.<\/p>\n

Federal facilities, including the processing facility in Broadview that\u2019s become a flashpoint for protests, have remained open, and while there has been some violence it was quickly contained, the panel wrote.<\/p>\n

\u201cAt the same time, immigration arrests and deportations have proceeded apace in Illinois over the past year, and the administration has been proclaiming the success of its current efforts to enforce immigration laws in the Chicago area,\u201d the opinion stated. \u201cThe administration accordingly is also unlikely to succeed on this argument.\u201d<\/p>\n

The White House in response sent out a written statement Thursday saying the \u201cfacts haven\u2019t changed,\u201d and reiterating the president expects \u201cto be vindicated by a higher court.\u201d<\/p>\n

\u201cAmidst ongoing violent riots and lawlessness, that local leaders like (Gov. JB) Pritzker have refused to step in to quell, President Trump has exercised his lawful authority to protect federal officers and assets,\u201d White House spokeswoman Abigail Jackson wrote.<\/p>\n

Representatives for Pritzker and Illinois Attorney General Kwame Raoul could not immediately be reached for comment.<\/p>\n

The ruling keeps in effect Perry\u2019s granting of a temporary restraining order Thursday halting Trump\u2019s plan to send federalized National Guard troops into the Chicago area to act as a security force during the administration\u2019s controversial immigration enforcement action known as \u201cOperation Midway Blitz.\u201d<\/p>\n

The Department of Justice argued in a filing last week<\/a> that Perry\u2019s order \u201cimproperly impinges on the Commander in Chief\u2019s supervision of military operations, countermands a military directive to officers in the field, and endangers federal personnel and property.\u201d<\/p>\n

The motion asked the higher court to freeze Perry\u2019s order while an appeal is pending, saying the National Guard should be allowed to \u201cprotect federal personnel and property\u201d while the litigation continues to play out.<\/p>\n

\n

The National Guard has been activated to Chicago 18 times from 1877-2021. Here\u2019s a breakdown.<\/a><\/p>\n<\/blockquote>\n

In a response, attorneys for Raoul said Perry was correct in halting Trump\u2019s illegal and unconstitutional plan to dispatch federalized troops to Chicago with no clearly defined scope of the mission, its duration, or any \u201cprovable factual underpinning.\u201d<\/p>\n

It was clear, the plaintiffs\u2019 attorneys argued, that \u201cabsent an injunction, the federal government could and would use the troops consistent with the unbounded scope of the federalization orders \u2014 that is, to assist any federal agency on any federal mission that is occurring anywhere in Illinois.\u201d<\/p>\n

The dueling motions\u00a0were a clear indication that the legal battle over Trump\u2019s National Guard plans<\/a> is far from over.<\/p>\n

Perry on Thursday blocked Trump from deploying National Guard troops to the city and state, saying she had no faith in the government\u2019s claims of out-of-control violence and that it was federal agents who started it by aggressively targeting protesters with tear gas and militaristic tactics.<\/p>\n

Trump has claimed ongoing violence and clashes between protesters and immigration agents in Chicago and other U.S. cities justified sending federalized troops onto the streets as security, even as local and state officials accused the president of manufacturing a crisis to justify unnecessary \u2014 and unprecedented \u2014 force.<\/p>\n

In her oral ruling from the bench, Perry, a Biden appointee, said National Guard troops are \u201cnot trained in de-escalation or other extremely important law enforcement functions that would help to quell these problems,\u201d and that allowing troops to come into Chicago \u201cwill only add fuel to the fire that the defendants themselves have started.\u201d<\/p>\n

The judge also said the Trump administration\u2019s attempts to cast protesters as violent rebels \u201ccannot be aligned\u201d with the view of local officials. Perry said she had no faith in the declarations of federal officials submitted to the court due in large part of a growing body of evidence that the U.S. Department of Homeland Security\u2019s views are \u201csimply unreliable.\u201d<\/p>\n

Perry cited several assault cases that had been dismissed against protesters and other orders from federal judges in Chicago entered against DHS and U.S. Immigration and Customs Enforcement.<\/p>\n

\u201cIn the last 48 hours in four separate unrelated legal decisions from different neutral parties, they all cast significant doubt on DHS\u2019 assessment of what is happening on the streets of Chicago,\u201d Perry said.<\/p>\n

Perry also said a rebellion is defined as \u201ca deliberate organized resistance openly opposing the laws and government as a whole\u201d by means of armed violence. \u201cI have found no credible evidence that there is a danger of rebellion in the state of Illinois.\u201d<\/p>\n

Pritzker cheered the ruling in a statement on social media, writing, \u201dDonald Trump is not a king \u2014 and his administration is not above the law.\u201d<\/p>\n

A notice of appeal was filed with the 7th Circuit hours after Perry\u2019s ruling, but the court has not yet set a briefing schedule.<\/p>\n

Perry, meanwhile, will hold a hearing next week to determine if her two-week restraining order should be extended.<\/p>\n

jmeisner@chicagotribune.com<\/p>\n

Originally Published: October 16, 2025 at 3:00 PM CDT<\/p>\n","protected":false},"excerpt":{"rendered":"Saying \u201cpolitical opposition is not rebellion,\u201d a federal appeals court in Chicago on Thursday left intact a district…\n","protected":false},"author":3,"featured_media":309091,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5124],"tags":[960,69,5386,1818,12084,7090,156264,156265],"class_list":{"0":"post-309090","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-chicago","8":"tag-chicago","9":"tag-donald-trump","10":"tag-il","11":"tag-illinois","12":"tag-jb-pritzker","13":"tag-national-guard","14":"tag-national-guard-in-chciago","15":"tag-tro"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@us\/115386066337730172","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/309090","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/comments?post=309090"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/309090\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media\/309091"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media?parent=309090"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/categories?post=309090"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/tags?post=309090"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}