October 6, 2025


Illinois and Chicago File Lawsuit Against Trump Administration Over National Guard Deployment

In a bold legal challenge, the state of Illinois along with the city of Chicago initiated a lawsuit on Monday against the Trump administration, aiming to halt the deployment of National Guard troops to Chicago. This legal action comes as a response to what Illinois officials describe as unwarranted and aggressive federal overreach.

The lawsuit claims that the federal government's decision, spearheaded by Secretary of Defense Pete Hegseth, to federalize the Illinois National Guard under 10 U.S.C. § 12406, directly contradicts the wishes of Governor J.B. Pritzker. The complaint strongly opposes the deployment, stating, “There is no emergency that warrants the President of the United States federalizing the Illinois National Guard or sending in federal agents. There is no insurrection in Illinois. The federal government is able to enforce federal law in Illinois. The manufactured nature of the crisis is clear.”

This legal battle follows the controversial "Texas Mobilization Order," which saw 400 troops from the Texas National Guard being federalized, with the approval of Governor Greg Abbott, to be deployed in cities including Chicago and Portland. President Trump justified the move by describing Chicago as a "war zone," an assertion sharply criticized by local leaders.

White House spokeswoman Abigail Jackson defended the administration's actions, arguing that the deployment was necessary to address “violent riots” that allegedly threaten federal employees in the city. In contrast, plaintiffs in the lawsuit argue that the real pretext for the National Guard's presence—a protest at an ICE processing facility in Broadview—has been peaceful and exacerbated only by federal actions.

The complaint further accuses the Trump administration of employing excessive force in civil immigration enforcement, leading to community protests and local law enforcement's involvement to maintain peace. The suit alleges multiple legal violations, including breaches of the Posse Comitatus Act, the Administrative Procedure Act, the Tenth Amendment, separation of powers and equal sovereignty principles, as well as the Militia and Take Care clauses.

The lawsuit also highlights President Trump's alleged longstanding bias against Chicago and Illinois, referencing his past social media posts and recent remarks to the nation's military leaders.

Illinois joins Oregon and California in a growing list of states legally contesting the federal deployment of National Guard troops within their jurisdictions. A Washington, D.C. judge is yet to decide on a similar challenge. Through this lawsuit, Illinois and Chicago are seeking emergency, declaratory, and injunctive relief to prevent what they view as an unlawful militarization of their city.