A federal judge Thursday granted a temporary restraining order blocking the deployment of National Guard troops for at least 14 days.
After hearing hours of arguments by attorneys representing both the state and federal government, U.S. District Judge April Perry ruled the federal government did not meet the burden needed to send the National Guard into Illinois. Perry said that despite the government’s arguments, she found no rebellion in Illinois or Chicago and found that the federal government was still able to execute federal law.
Perry dismissed Homeland Security’s “credibility and assessment” of conditions in Chicago. Factors she cited included the dismissal of charges against two protesters previously accused of assaulting agents and a separate Thursday ruling that ICE violated a consent decree governing warrantless arrests. She also pointed to another ruling on Thursday granting a temporary restraining order against ICE from using riot-control weapons – pepper bullets and tear gas – against journalists and peaceful protesters.
“I simply cannot credit (Homeland Security) declarations to the extent they contradict state and local law enforcement,” Perry said. “DHS’ perception of events are simply unreliable.”
The order applies to an estimated 500 National Guard troops mobilized by the White House. Three hundred of those are from the Illinois National Guard, 200 from the Texas National Guard and a dozen members of the California National Guard.
Uniformed Texas National Guard troops arrived at the Immigration Customs and Enforcement processing facility in suburban Broadview early Thursday morning, with soldiers seen behind a fenced area carrying shields, duffle bags and other equipment in and out of the building.
The Village of Broadview said three vans carrying 45 members of the Texas National Guard arrived at the federal building late Wednesday night.
On Monday, Attorney General Kwame Raoul sued President Donald Trump’s administration over its decision to send National Guardsmen to the Chicago region, against the will of state of local officials.
The complaint argued that Trump’s order to federalize Illinois and Texas National Guard members, over Gov. JB Pritzker’s objections, violates the Constitution, the Posse Comitatus Act, and long-standing limits on using the military for civilian law enforcement.
Pritzker took to social media to celebrate the ruling. “Donald Trump is not a king — and his administration is not above the law. 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.”
Chicago Mayor Brandon Johnson called Perry’s ruling “a win for the people of Chicago and the rule of law.”