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 stated the opinion by Judges Ilana Rovner, David Hamilton and Amy St. Eve.<\/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
![\"Members](\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2025\/10\/ctc-l-texas-guard-elwood21_242276356.jpg\")
Members of the Texas National Guard arrive on Oct. 7, 2025, at the Army Reserve Training Center in Elwood. (Brian Cassella\/Chicago Tribune)<\/p>\n
The Trump administration\u2019s appeal to the Supreme Court, however, said \u201cfederal personnel and federal property are the central targets of the violence that has roiled the Chicago area in recent weeks.\u201d<\/p>\n
The filing relied on many of the same declarations from immigration officials that were put into the record before Perry, including allegations that organized protesters had formed convoys and intentionally rammed agents\u2019 vehicles during enforcement operations, that rioters had shot fireworks and thrown rocks at officers, and that a \u201chigh-ranking\u201d Chicago gang member was charged with putting a $10,000 bounty out for the killing of Border Protection Cmdr. Gregory Bovino.<\/p>\n
\u201cAn immediate administrative stay would allow the Armed Forces to provide the protection that the President has directed,\u201d the petition concluded. \u201cWere the injunction allowed to remain in effect, even just for the period while this Court considers the stay application, that would immediately increase the risk that federal personnel in Chicago may be seriously harmed by violent anti-ICE agitators.\u201d<\/p>\n