CHICAGO (FN) — A federal appeals court ruled Saturday that President Donald Trump cannot deploy National Guard troops to Illinois without the consent of the state’s governor, though the troops already in the state may remain under federal control.
The 7th U.S. Circuit Court of Appeals largely upheld a prior decision by U.S. District Judge April Perry, who had temporarily blocked the deployment, saying the administration had not shown evidence of a “danger of rebellion.”
“Pending a decision on the request for a stay pending appeal, the district court’s October 9, 2025, order is temporarily stayed only to the extent it enjoined the federalization of the National Guard of the United States within Illinois,” the appeals court wrote. “Members of the National Guard do not need to return to their home states unless further ordered by a court.”
The ruling stops any further deployment of Guard troops for patrols or protection of federal property — unless future rulings change course.
Administration officials defended the move. White House spokesperson Karoline Leavitt said the administration had acted to “protect federal officers and assets” amid what it described as increasing violence and unrest.
During the district court proceedings, Justice Department lawyer Eric Hamilton justified the deployment by pointing to isolated incidents of protesters throwing objects and attacking federal property. Hamilton argued that the president’s authority to act in such circumstances is “expansive” and not subject to judicial second‑guessing.
But Judge Perry pushed back, asking whether the administration could justify deploying troops even under conditions it had created. “I am very much struggling to figure out where this would ever stop,” she told government attorneys.
State and local leaders applauded the decision. Illinois Gov. J.B. Pritzker said, “Donald Trump is not a king — and his administration is not above the law.” He added, “There is no credible evidence of a rebellion in the state of Illinois. And no place for the National Guard in the streets of American cities like Chicago.”
Chicago Mayor Brandon Johnson called the ruling a “win for the people of Chicago and the rule of law” and vowed the city would continue resisting what he called federal overreach.
What’s next
The appeals court has paused the final resolution to allow additional briefing and argument.
The Trump administration has not yet confirmed whether it will bring the case to the U.S. Supreme Court.
