Politics / US News
Appeals Court Lifts Block on Trump’s National Guard Federalization in Illinois, Upholds Deployment Restriction
The appeals court stated: "Members of the National Guard do not need to return to their home states unless further ordered by a court to do so."
Tommy Flynn
October 12, 2025 - The Seventh Circuit Court of Appeals issued a one-page order Saturday lifting U.S. District Judge April Perry's temporary restraining order on President Donald Trump's federalization of National Guard troops for deployment to Illinois, while leaving in place the restriction on actual troop movement.
Perry, a Biden appointee, had blocked the mobilization Thursday in a suit filed by Illinois Attorney General Kwame Raoul and Chicago officials, arguing it violated the 10th Amendment, 14th Amendment, and Posse Comitatus Act. The ruling came hours after Trump's Sunday directive to send up to 400 Texas National Guard members to Chicago at Homeland Security Secretary Kristi Noem's request, to protect ICE agents amid over 50 assaults since August, including vehicle rammings and doxxing.
The appeals court stated: "Members of the National Guard do not need to return to their home states unless further ordered by a court to do so." A full hearing is set for Thursday. The decision mirrors the Ninth Circuit's October 8 order on Oregon, which lifted a block on federalization but upheld deployment limits in Portland amid Antifa violence.
Texas Gov. Greg Abbott authorized the full contingent Monday, announcing 2,000 troops total for Chicago to "ensure safety for federal officials." The first 400 arrived at staging points Tuesday evening, per U.S. Northern Command, but remain grounded pending the hearing.
Illinois Gov. JB Pritzker denounced the action as an "authoritarian march," vowing resistance: "Military troops should not be used against American communities." Raoul claimed the deployment is "patently unlawful." The suit seeks a permanent injunction, citing no "rebellion or inability to execute laws" under 10 U.S.C. § 12406.
The Department of Justice appealed immediately, arguing the TRO endangers federal personnel and property. Operation Midway Blitz, launched August 2025, has yielded 1,200 arrests in Illinois, but sanctuary policies have led to 70% non-prosecution rates for interference cases, per DHS data.