On Monday, Illinois initiated a lawsuit against the Trump administration aiming to prevent the deployment of National Guard troops in Chicago during an extensive crackdown on illegal immigration.
The lawsuit names President Trump alongside DHS Secretary Kristi Noem, War Secretary Pete Hegseth, and U.S. Army Secretary Daniel Driscol, asserting that the “Defendants’ deployment of federalized troops to Illinois is patently unlawful.”
The legal action is requesting emergency injunctive relief to halt the “illegal, dangerous, and unconstitutional federalization of National Guard members from Illinois and Texas.”
This lawsuit follows Trump’s decision to send 300 Illinois National Guard troops to Chicago, a measure purportedly designed to “protect federal officers and assets,” reflective of tactics previously used during anti-ICE protests in Los Angeles that escalated into riots.
Illinois claims that Trump and the officials named in the lawsuit have breached several laws, including 10 U.S.C. § 12406, which dictates the conditions under which National Guard units can be federally deployed, as well as violating the Posse Comitatus Act, the Administrative Procedure Act, and various constitutional provisions.
The suit contends that the Trump administration’s actions have already inflicted significant and irreversible harm on Illinois.
“The deployment of federally mobilized National Guard troops infringes upon Illinois’ sovereignty and right to self-governance, threatening to escalate unrest, damage community relationships, and increase mistrust towards law enforcement,” the suit argues.
Illinois Governor JB Pritzker condemned the troop mobilization over the weekend, describing it as “Trump’s invasion” and urging “every American to speak up to help stop this madness.” He highlighted incidents in Chicago where federal immigration agents found themselves surrounded and threatened by a crowd of ICE protesters.
These federal agents were conducting patrols near ongoing protests in Broadview, a suburb of Chicago that is home to an immigration processing center.
Criticism was directed at the Chicago Police Department after it was reported that officers may have been instructed to refrain from responding to distress calls from the besieged federal agents.
Illinois’ lawsuit is part of a wave of similar actions from other predominantly Democratic states like California and Oregon, where protests have persisted outside Portland’s ICE facility for more than 100 days.
On Sunday, U.S. District Judge Karin Immergut ruled that the federal government’s order to deploy National Guard troops to Portland was unlawful and unconstitutional.
During a press briefing at the White House on Monday, Press Secretary Karoline Leavitt characterized Immergut’s ruling as “disconnected from reality and the law,” while affirming Trump’s authority to deploy the National Guard as deemed necessary.
Leavitt mentioned that the administration plans to appeal the ruling, expressing confidence in a favorable outcome based on legal merits.
White House spokesperson Abigail Jackson defended the President’s deployment, stating, “In the face of ongoing riots and lawlessness that local leaders like Pritzker have refused to control, President Trump has utilized his lawful authority to safeguard federal officers and assets. He will not overlook the chaos affecting American cities.”
The White House replied sharply to Chicago Mayor Brandon Johnson, labeling him “sick” for an executive order issued on September 29, which established “ICE Free Zones,” effectively prohibiting agents from accessing city property.
“This behavior is shameful. He is complicit in supporting criminal illegal immigrants, violent offenders, and gang members,” the White House X account Rapid Response 47 stated.