The U.S. Court of Appeals for the Seventh Circuit's decision upholds a temporary restraining order granted by a federal judge in the Northern District of Illinois.
By Michael Loria
CHICAGO – A federal appeals court won’t allow President Donald Trump to deploy - at least for now - troops to Illinois as part of his crackdown known as Operation Midway Blitz, according to a decision published Oct. 16.
The U.S. Court of Appeals for the Seventh Circuit based in downtown Chicago issued a decision upholding U.S. District Court Judge April M. Perry’s Oct. 9 decision to bar the White House from deploying troops. Trump administration lawyers had argued that protests against Trump’s immigration enforcement crackdown amounted to rebellion.
Judges at the appellate court disagreed: "The spirited, sustained, and occasionally violent actions of demonstrators in protest of the federal government’s immigration policies and actions, without more, does not give rise to a danger of rebellion against the government's authority."
The Seventh Circuit’s decision comes as Trump administration officials say the National Guard is needed in order to enforce the White House’ efforts to catch the "worst of the worst" criminal immigrants. In blocking the troop deployment, Perry said that allowing soldiers into the region would "only add fuel to the fire" that immigration agents had started in and around Chicago.
White House spokesperson Abigail Jackson responded to the ruling in a statement: "The facts haven’t changed. Amidst ongoing violent riots and lawlessness, that local leaders like Pritzker have refused to step in to quell, President Trump has exercised his lawful authority to protect federal officers and assets. President Trump will not turn a blind eye to the lawlessness plaguing American cities and we expect to be vindicated by a higher court."
Trump administration lawyer Eric Hamilton said in the Oct. 9 hearing that the administration thought the move to deploy troops was likely not subject to judicial review.
Amid Trump’s blitz, immigration agents fatally shot a Mexican immigrant; a federal judge has tried to limit immigration agents from deploying chemical weapons on protesters, journalists and clergy; and Border Patrol agents shot and wounded a woman on the city’s South Side.
Homeland Security officials say the aggressive tactics are necessary to catch criminals. Agency officials say they have arrested over 1,000 immigrants in connection with the blitz. USA TODAY has not been able to verify the number of arrests or criminal background of the people detained.
Trump has said that if courts don’t allow him to deploy troops, he would consider invoking the Insurrection Act in order to send soldiers into American cities the White House sees as having problems. Invoking the 19th century law could help Trump bypass legal challenges he has faced in deploying troops.
A similar case regarding Trump's deployment of the California National Guard is playing out before the U.S. Court of Appeals for the Ninth Circuit.