CHICAGO, IL – A federal appeals court has denied the Trump administration’s request to deploy federalized National Guard troops in Illinois, upholding a temporary restraining order issued after the President invoked emergency powers to mobilize the Guard over the objections of state officials.
In a decision issued October 16, 2025, the U.S. Court of Appeals for the Seventh Circuit ruled that the White House failed to demonstrate the statutory requirements for invoking 10 U.S.C. § 12406, which permits federalization of the National Guard during times of rebellion or when regular forces are insufficient to enforce federal law.
President Trump’s order, issued October 4, 2025, claimed “coordinated assaults” on federal immigration facilities in the Chicago area required immediate federal Guard deployment. The State of Illinois and the City of Chicago sued, arguing there was no rebellion nor inability to enforce laws with existing federal resources. The district court sided with the plaintiffs and issued a 14-day restraining order blocking both the federalization and deployment of the Guard.
On appeal, the Seventh Circuit partially upheld that ruling, allowing the Guard to remain under federal control but maintaining the ban on deployment. The panel found that the evidence of violence cited by the Trump administration did not meet the threshold of a rebellion or show that federal officers were unable to enforce immigration laws without military assistance.
The court noted that local and state law enforcement had effectively contained protests near the ICE facility in Broadview, Illinois, and that DHS itself had declared the operation a success. “The spirited, sustained, and occasionally violent actions of demonstrators… does not give rise to a danger of rebellion,” the panel wrote.
The court rejected the administration’s assertion that the President’s decision was unreviewable, stating the judiciary retains authority to interpret whether the statutory prerequisites for federal Guard deployment have been met.
Although the administration can continue to maintain control over the Illinois National Guard for now, it may not deploy troops without further legal justification. The case remains ongoing, and the temporary order expires unless extended or converted into a preliminary injunction.
