The federal District Court in Illinois (April M. Perry) has issued a temporary restraining order prohibiting the deployment of National Guard troops from Texas in Chicago. The Court has said that it is likely the state of Illinois and the City of Chicago will prevail on their claims that the action would violate the Tenth Amendment of the Constitution and the Posse Comitatus Act.
The Court recites at length the events of protesters, not more than 200 at any one time and frequently far less, in front of the Immigration and Customs Enforcement Processing Center in Broadview, IL, and concludes that the incidents have all been handled by the local and state police. It noted that some of the incidents cited by the government were, “while aggravating, insulting, or unpleasant, also Constitutionally protected” and concluded that the government’s claims of unrest were not credible. It also noted that the government’s defense attorney did not know how the Guard troops would be utilized in the state.
Citing the history of the Tenth Amendment, the Court said it was part of the early efforts to limit the power of the federal government and leave law enforcement to the states. With respect to the Posse Comitatus Act, it found that there had been no determination that there was a “rebellion” sufficient to give the President authority to utilize the National Guard as proposed. (State of Illinois v. Trump, N.D. IL, East. Div., No.25-cv-12174, 10/10/25.)
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