October 10, 2025

A Chicago federal judge has issued a temporary restraining order (TRO) preventing the deployment of the National Guard in Illinois, marking a significant legal intervention against federal military involvement within the state. Judge April Perry of the Northern District of Illinois mandated that the defendants, excluding President Trump, refrain from the federalization and deployment of the National Guard in Illinois, citing a lack of credible evidence of any rebellion or incapacity of federal law enforcement to manage state laws.
The decision, announced on Thursday, comes amid a heated legal battle initiated by the Illinois state government against the Trump administration's move to federalize the Illinois and Texas National Guards. This controversial decision by Secretary of Defense Pete Hegseth on October 4 and 5 has been criticized as "illegal, dangerous, and unconstitutional," infringing upon state sovereignty and governance. The state's complaint argues that the actions fail to meet the constitutionally and legislatively mandated conditions for such federalization: foreign invasion, rebellion, or the inability of regular forces to enforce U.S. law.
The lawsuit also accuses the defendants of violating the Posse Comitatus Act, which limits the powers of the federal government in using military personnel to enforce domestic policies, and the Administrative Procedure Act, alongside constitutional provisions. Following the issuance of the TRO, which is set to expire on October 23, a hearing is scheduled for October 22 to consider extending the order.
This legal challenge reflects a broader national discourse on the use of the National Guard, traditionally under state control, for federal purposes. President Trump has previously deployed the National Guard in various U.S. cities like Los Angeles, Washington D.C., and Portland, citing threats of crime and domestic unrest as justification. These actions have led to several legal challenges across different states, questioning the federal authority over National Guard deployments without substantial state consent.
As the legal proceedings continue, the implications of this case extend beyond Illinois, touching on the delicate balance of power between state and federal government. The Ninth Circuit Court of Appeals is currently reviewing a similar TRO issued in Oregon, which could set a precedent for the extent of presidential power in deploying the National Guard against the wishes of individual states.
The case in Illinois not only challenges the federal government's decision but also sets the stage for a significant constitutional debate on the limits of executive power and state autonomy in the management of national security and public order within the United States.