In a significant turn of events, a federal appeals court has intervened, overturning a lower court’s decision that had prohibited President Trump from taking control of National Guard troops stationed in Illinois.
Earlier in the week, a federal judge had issued a Temporary Restraining Order (TRO) against the President’s plans for deploying the National Guard to Chicago, citing potential violations of the Posse Comitatus Act along with implications for the 10th and 14th Amendments.
This ruling came from US District Judge April Perry, who was appointed by President Biden. She justified her block by asserting that Trump’s National Guard deployment posed significant constitutional concerns.
In response to rising tensions in Chicago, President Trump opted to deploy Texas National Guard troops, presumably to safeguard ICE agents from what his administration characterizes as violent actions from far-left groups like Antifa.
White House Advisor Stephen Miller articulated the administration’s stance, stating, “The National Guard’s mission in Chicago is to safeguard federal lives and property that are under constant threat. These troops, activated under *federal control*, are akin to any federal force that may be mobilized from various states to assist the Department of Homeland Security (DHS), similar to how military resources are allocated from established bases.”
“The National Guard’s mission in Chicago is to safeguard federal lives and property that are under constant threat…”
— Stephen Miller (@StephenM) October 9, 2025
On Saturday, the Seventh Circuit Court of Appeals decided to lift Judge Perry’s TRO against President Trump’s mobilization of National Guard troops. Nevertheless, the court maintained Judge Perry’s ruling preventing troop deployment for the time being.
The judges clarified, “Members of the National Guard are not obligated to return to their home states unless further ordered by a court.”
“BREAKING: 7th Cir. grants partial administrative stay re National Guard troops.”
— Margot Cleveland (@ProfMJCleveland) October 11, 2025
This is not the first time Trump has attempted to mobilize National Guard troops. He had previously authorized deployments in cities like Portland, Oregon, to protect ICE facilities, citing similar concerns regarding threats from radical factions.
In a post on Truth Social, Trump emphasized his directive by stating, “At the request of Secretary of Homeland Security Kristi Noem, I am instructing Secretary of War Pete Hegseth to allocate all necessary troops to shield war-torn Portland and any ICE Facilities under siege from attacks by Antifa and other domestic terrorists. Full force is authorized if needed.”
Last Saturday, another blow came from Judge Karin Immergut, a Trump appointee, who blocked National Guard deployments to Portland. The Ninth Circuit Court of Appeals subsequently voted unanimously on Wednesday to lift Immergut’s TRO, yet they too upheld her ban on troop deployment.
