A federal judge appointed by President Joe Biden has ordered President Donald Trump’s administration to provide justification within 48 hours for its decision to deploy National Guard troops to Chicago, intensifying a legal and political clash with Illinois’ Democratic leadership.
U.S. District Judge April Perry, appointed in 2022, issued the directive on Monday evening in response to a lawsuit filed by Illinois officials seeking to halt Trump’s plan to send federalized National Guard units to the state. Perry set a deadline of midnight Wednesday for the administration to respond and scheduled a full hearing for Thursday afternoon.
Judge Perry opted not to grant a temporary restraining order, allowing the deployment to proceed for now. Federal officials confirmed that approximately 200 Texas National Guard troops are set to arrive in Chicago by Wednesday morning to support law enforcement in high-crime areas.
The lawsuit, spearheaded by Illinois Attorney General Kwame Raoul and supported by Governor J.B. Pritzker and Chicago Mayor Brandon Johnson, contends that the deployment constitutes “an unlawful act of political retaliation” against Democratic-led jurisdictions.
“The American people should not face the threat of military occupation simply because their local leaders disagree with the president,” the lawsuit states.
President Trump defended the deployment as both lawful and essential, asserting that the troops are necessary to assist federal agents in addressing gang violence and enforcing immigration laws in Chicago, a sanctuary city that limits cooperation with federal immigration authorities.
“The Insurrection Act exists for a reason,” Trump told reporters. “If lives are at stake and state officials or courts obstruct us, I will act decisively.”
The president’s comments followed reports of heightened violence, including clashes between Border Patrol agents and protesters outside an immigration processing facility on Chicago’s southwest side. Homeland Security Secretary Kristi Noem described Chicago as “a war zone,” arguing that federal intervention is necessary due to the failure of state and local officials to maintain order.
Illinois leaders rejected this portrayal as a political maneuver.
“This administration is creating chaos to justify sending troops,” Governor Pritzker said Tuesday. “Illinois will not be a stage for President Trump’s political agenda.”
Attorney General Raoul labeled the deployment “unconstitutional,” arguing that the Insurrection Act is being misused without evidence of an actual rebellion or unrest.
“There is no insurrection in Chicago,” Raoul stated. “This is a president overreaching his authority.”
Tensions escalated further on Monday night when federal agents used pepper balls and tear gas to disperse protesters blocking access to the U.S. Immigration and Customs Enforcement facility in Broadview, resulting in over a dozen arrests.
Governor Pritzker accused ICE agents of “excessive force” and claimed they mistakenly detained U.S. citizens, calling their actions “thuggery.”
“This is a deliberate escalation to provoke conflict and justify military presence,” Pritzker said.
Secretary Noem dismissed these accusations as “baseless,” criticizing Pritzker for neglecting public safety.
“Illinois officials need to prioritize protecting their residents,” Noem said. “Federal forces are stepping in because the state has failed to act.”
The White House maintains that the deployment is a temporary measure to support local law enforcement.
“This is about public safety, not politics,” Press Secretary Karoline Leavitt said. “President Trump stands with law enforcement and the American people.”
Legal experts suggest that Thursday’s hearing could have significant implications for presidential authority.
“A ruling against Trump could limit the ability of future presidents to deploy federal troops domestically,” said Harvard Law professor Alan Dershowitz. “Conversely, upholding the deployment would reinforce broad executive powers under the Insurrection Act.”
Judge Perry’s order remains in effect, requiring the administration to submit its defense by 11:59 p.m. Wednesday. Legal analysts anticipate that the Justice Department will argue the deployment is within the president’s Article II authority to enforce federal law.
President Trump, undeterred by the legal challenge, reiterated his stance late Tuesday.
“We will keep Chicago safe,” he told reporters. “Lawsuits won’t stop us from enforcing the law and protecting Americans.”
