A federal judge delivered a significant blow to President Trump’s plans on Thursday by issuing a Temporary Restraining Order (TRO) to halt the deployment of National Guard troops to Chicago.
U.S. District Judge April Perry, appointed by President Biden, stated that this troop mobilization infringes upon the Posse Comitatus Act as well as the 10th and 14th Amendments of the U.S. Constitution.
Trump’s initiative to send Texas National Guard troops was ostensibly justified as a means to protect ICE agents from alleged threats posed by “far-left Antifa terrorists.”
White House Advisor Stephen Miller defended the deployment, arguing, “The National Guard’s role in Chicago is focused on safeguarding federal lives and properties that face continuous criminal threats. When activated for the Department of Homeland Security, they are essentially operating as a federal force, which can be sourced from any state if needs arise.”
The National Guard’s role in Chicago is focused on safeguarding federal lives and properties that face continuous criminal threats. When activated for the Department of Homeland Security, they are…
— Stephen Miller (@StephenM) October 9, 2025
Texas Congressman Lance Gooden found humor in the situation, taking aim at Chicago Mayor Johnson for his dual outrage over both the busing of migrants from Texas and the National Guard deployment.
“You can’t have it both ways, Brandon,” declared Gooden, emphasizing the contradiction in Johnson’s positions.
Chicago Mayor Johnson in 2023: Outraged by Texas busing illegal aliens to his city.
Chicago Mayor Johnson in 2025: Outraged by Texas National Guard troops protecting ICE agents who are removing illegal aliens from his city.
You can’t have it both ways, Brandon. pic.twitter.com/BVI9OqLmf2
— Lance Gooden (@Lancegooden) October 9, 2025
As it stands, the duration of Judge Perry’s TRO remains uncertain, with another hearing scheduled for Friday.
According to NBC Chicago:
A federal judge has granted a request to impose a temporary ban on National Guard deployment in Chicago, ruling that the action breaches the U.S. Constitution.
Judge Perry stated that the Trump administration’s troop deployment infringes upon the 10th and 14th Amendments, along with the long-standing Posse Comitatus Act, which restricts military involvement in domestic law enforcement.
The timetable for the restraining order’s implementation is still unclear, with Perry expected to provide a further ruling shortly.
Perry scrutinized the federal government’s recent narrative concerning events in Chicago, labeling it “simply unreliable,” and mentioned how recent decisions from various impartial sources have raised doubts about the credibility of the Department of Homeland Security. She noted, “I don’t find any evidence of impeding actually happened,” and asserted that there was “no credible evidence of a rebellion risk in Illinois.”
It is worth noting that a different federal judge in San Francisco previously ruled that Trump’s deployment of troops to Los Angeles during riots also violated the 10th Amendment and the Posse Comitatus Act, a decision made in response to a lawsuit by California’s Governor Gavin Newsom.
