* The Tribune…
The state of Illinois and city of Chicago sued President Donald Trump’s administration on Monday to block the deployment of Illinois and Texas National Guard troops, which the White House claims is necessary to protect federal immigration personnel and facilities amid its escalated deportation actions.
The legal action, filed in federal court in Chicago, comes as Trump has federalized up to 300 Illinois Guard members over the objections of Democratic Gov. JB Pritzker and as Republican Gov. Greg Abbott of Texas has agreed to send troops from his state.
In its 69-page filing, Illinois Attorney General Kwame Raoul’s office asked the federal court to find the federalization and deployment of National Guard troops unconstitutional and to block Defense Secretary Pete Hegseth from deploying troops to the state over Pritzker’s objections. Late Sunday, Hegseth also authorized sending 400 National Guard troops from Texas to Illinois, Oregon and potentially other states.
“The Trump administration’s illegal actions already have subjected and are subjecting Illinois to serious and irreparable harm. The deployment of federalized National Guard, including from another state, infringes on Illinois’s sovereignty and right to self-governance,” the filing stated. “It will cause only more unrest, including harming social fabric and community relations and increasing the mistrust of police. It also creates economic harm, depressing business activities and tourism that not only hurt Illinoisians but also hurt Illinois’s tax revenue.”
* From the complaint…
The American people, regardless of where they reside, should not live under the threat of occupation by the United States military, particularly not simply because their city or state leadership has fallen out of a president’s favor. To guard against this, foundational principles of American law limit the president’s authority to involve the military in domestic affairs. Those bedrock principles are in peril. Secretary Hegseth, on October 4th, invoked 10 U.S.C. § 12406 to federalize and bring under Department of Defense control up to 300 members of the Illinois National Guard, over the objection of the Governor of Illinois (“Federalization Order”), and, on October 5th, another up to 400 National Guard from the State of Texas to deploy into Chicago.
These advances in President Trump’s long-declared “War” on Chicago and Illinois are unlawful and dangerous. The Court should enjoin the Federalization Order, Texas Mobilization Order, and any subsequent effort to achieve the same end with the National Guard of the United States or other U.S. military, immediately and permanently.
* Crain’s…
“To the extent that defendants have offered any basis at all to deploy the military to Illinois, it is based on a flimsy pretext: protests outside a two-story ICE processing facility in Broadview, a suburb of Chicago with less than 8,000 residents,” the suit says. “But far from promoting public safety in the Chicago region, Defendants’ provocative and arbitrary actions have threatened to undermine public safety by inciting a public outcry.”
The suit also says the “deployment of federalized troops to Illinois is patently unlawful” because it violates the Posse Comitatus Act that prohibits the military from participating in civilian law enforcement activities. The city and state also say the conditions for the president to federalize Guard troops have not been met.
The suit warns the deployment “creates economic harm, depressing business activities and tourism that not only hurt Illinoisans but also hurt Illinois’s tax revenue.”
The lawsuit accuses Trump of attempting to use National Guard troops “to punish his political enemies.” The deployment infringes on the state’s sovereignty and right to self-governance, according to the filing.
* The AP…
In Portland, U.S. District Judge Karin Immergut granted a temporary restraining order sought by Oregon and California to block the deployment of guard troops from those states to the city.
There has been a sustained and low-level protest outside the Portland ICE facility, but it’s been less disruptive than the downtown clashes of 2020 when demonstrations erupted after George Floyd’s killing.
Immergut, a first-term Trump appointee, seemed incredulous that the president moved to send National Guard troops to Oregon from neighboring California and then from Texas on Sunday.
“Aren’t defendants simply circumventing my order?” she said. “Why is this appropriate?”
…Adding… Sun-Times federal courts reporter Jon Seidel…
…Adding… The Tribune’s Jason Meisner…
* More…
* The Hill | Illinois, Chicago sue to block National Guard deployment: The first move toward deployment came on Sept. 26 when the Department of Homeland Security (DHS) requested assistance protecting Immigration and Customs Enforcement (ICE) facilities in the state. The agency alleged “coordinated assault by violent groups” that are “actively aligned with designated domestic terror organizations,” according to the lawsuit, which called the description “purported but fictional.”
* Sun-Times | Illinois sues Trump over National Guard deployment: California Gov. Gavin Newsom has had mixed success suing Trump over the deployment in his state. U.S. District Judge Charles Breyer sided with Newsom in early September, accusing Trump of a “serious violation of the Posse Comitatus Act.” […] However, the 9th U.S. Circuit Court of Appeals ruled earlier that courts must be “highly deferential” to the president on the matter — a ruling cited during Friday’s arguments in Oregon. The 9th Circuit also put Breyer’s September ruling on hold to preserve the status quo while considering a fuller record generated by a bench trial in August. The appellate court is now unlikely to rule before the end of the year. Meanwhile, it’s been nearly four months since Trump deployed troops to California.
* CBS Chicago | Illinois and Chicago sue to block Trump deployment of National Guard: Pritzker and Raoul will hold a news conference at 2 p.m. Monday. CBS News Chicago will stream that news conference live on our 24/7 news stream and on air.
* CNN | Illinois and Chicago sue Trump administration over deployment of National Guard: The lawsuit asks the court to order the administration to stop federalizing or deploying any National Guard troops to Illinois, and to declare the federalization of National Guard troops more broadly as unlawful.
- 47th Ward - Monday, Oct 6, 25 @ 11:20 am:
It’s hard to see any difference in this case from the case heard by a federal judge in Oregon that blocked the national guard deployment there. If Trump appointed judges see through this BS, it should be obvious to any observer that this is all, indeed, BS.
There is speculation today that perhaps the president’s advisors aren’t giving him an accurate description of what is actually happening in Portland, Chicago and elsewhere. In one instance, Trump was reacting to video in Portland from 2020 and assumed it was the current situation.
- Mason County - Monday, Oct 6, 25 @ 11:41 am:
I have been consistently against deploying the NG. Two exceptions. When the local government requests it and when federal property and personnel are specifically threatened with any form of violence.
Has this risen to the level of violence that would lead to NG deployment? Not certain, but I doubt it.
However, it soon could lead to that level. Protests of all types/issues should be normally be conducted in assigned areas and should be peaceful and fully obey the law. The ACLU has very good guidelines on this issue(https://www.aclu.org/know-your-rights/protesters-rights). City officials should designate a specific area for these protests that is close to the activity but in no way interferes with the federal officials.
The above applies also when there are ‘disagreeing’ groups. They should be specifically separated from each other in a manner which allows opposing groups not to be in contact with each other but in separate areas. If the Protesters are an organized group and have sought advance permission to protest, again the city can help in the above process in a timely and organized manner. If it is a more spontaneous protest the government officials should step in and help organize the activity so as to meet all laws.
The Governor and the City of Chicago should do all they can to allow for protest but make it quite clear that rules have to followed and that excludes ANY form of disruption or violence that are against the law.
If this is not done, then the situation will escalate and will not be a pretty sight.
- TinyDancer(FKASue) - Monday, Oct 6, 25 @ 11:44 am:
According to PEW, there are 2.1 million unauthorized immigrants in Texas and 1.6 million in Florida, but only 550,00 in Illinois.
And Texas is sending their National Guard troops to Illinois?
Something not adding up.
- 40,000 ft - Monday, Oct 6, 25 @ 12:06 pm:
“infringes on Illinois’s sovereignty and right to self-governance”
“To guard against this, foundational principles of American law limit the president’s authority to involve the military in domestic affairs.”
When Illinois decided to formally ignore federal immigration law, and gaslight the entire country about it, they bought this problem.
I welcome the legal process this is producing.
- Demoralized - Monday, Oct 6, 25 @ 12:34 pm:
==When Illinois decided to formally ignore federal immigration law==
For the millionth time Illinois is NOT ignoring federal law. Immigration enforcement is a federal responsibility. All the state has asked for an continues to ask for is a valid judicial warrant in order to cooperate.
If anyone is gaslighting its you and those that think like you who are willing to turn this country into something resembling a dictatorship.
- DuPage Saint - Monday, Oct 6, 25 @ 12:36 pm:
I always hate it when a judge is identified as an Obama, Biden, Trump Bush judge etc. I think all that does is tarnish judges and imply they are biased. I am so old I get there are liberal and conservative judges but I believe 98% believe in their oath of office over any part loyalty.
- Mason County - Monday, Oct 6, 25 @ 12:53 pm:
=According to PEW, there are 2.1 million unauthorized immigrants in Texas and 1.6 million in Florida, but only 550,00 in Illinois.
And Texas is sending their National Guard troops to Illinois?
Something not adding up.=
Good point! Does seem that those NG should be focused on removing illegal immigrants from those states as their first duty.
- ArchPundit - Monday, Oct 6, 25 @ 1:10 pm:
—The Governor and the City of Chicago should do all they can to allow for protest but make it quite clear that rules have to followed and that excludes ANY form of disruption or violence that are against the law.
Which is what they did at the Broadview site over the weekend . State troopers and County Sheriffs enforced keeping the street clear.
- 47th Ward - Monday, Oct 6, 25 @ 1:22 pm:
===I believe 98% believe in their oath of office over any part loyalty.===
I agree 100%. I pointed that out because I thought it added some context, that this wasn’t some Portland left-wing jurist blocking the administration. I just hope the judge doesn’t have his home burned down because of this.
- ArchPundit - Monday, Oct 6, 25 @ 2:27 pm:
==I agree 100%. I pointed that out because I thought it added some context, that this wasn’t some Portland left-wing jurist blocking the administration.
Not only that, but she was on Ken Starr’s team during the Clinton impeachment. She has pretty strong conservative credentials.
- Politix - Monday, Oct 6, 25 @ 3:34 pm:
Let me get this straight. Gov. Abbott puts immigrants on buses, ships them to Chicago, and then sends his own troops in to help send them back? Seems like it would’ve been a lot easier to properly manage their immigration issues from home.
- Politix - Monday, Oct 6, 25 @ 3:37 pm:
“When Illinois decided to formally ignore federal immigration law…”
Whatever law you think IL is ignoring, TX is ignoring it for four times as many. Where’s your call for the TNG to stay home?
- Mason County - Monday, Oct 6, 25 @ 3:44 pm:
=Which is what they did at the Broadview site over the weekend . State troopers and County Sheriffs enforced keeping the street clear.=
Yes, I checked into this and they have now done it. Rather belatedly on a situation that was obvious from the get go.
- Rich Miller - Monday, Oct 6, 25 @ 3:49 pm:
===Rather belatedly on a situation that was obvious from the get go. ===
The standard protocol is a local PD asks for assistance.
- Sheesh! - Monday, Oct 6, 25 @ 4:26 pm:
@Demoralized:
Gaslighting? The Immigration Judges typically only issue administrative warrants. By insisting on judicial warrants, you are making an ask that the current system cannot fulfill which will create another bottleneck.
- Rich Miller - Monday, Oct 6, 25 @ 5:22 pm:
===which will create another bottleneck===
Our system of constitutional government creates bottlenecks by design.
Careful what you wish for, bub.
- Leslie K - Monday, Oct 6, 25 @ 5:53 pm:
===The Immigration Judges typically only issue administrative warrants. ===
They are administrative law judges. They are part of the legislative branch, not the judicial branch.
- BE - Tuesday, Oct 7, 25 @ 8:19 am:
If these immigrants are all such (dangerous) criminals, it shouldn’t be any problem to get judicial criminal warrants. Due process, my dude.