A federal judge in Illinois extended an order blocking the Trump administration from federalizing and deploying the National Guard in the state while awaiting U.S. Supreme Court review, according to court records from Courthouse News Service. U.S. District Judge April Perry entered the temporary restraining order on Oct. 9, after Illinois and Chicago filed a lawsuit following weeks of immigration enforcement operations and subsequent protests.
Extension of the National Guard Deployment Block
U.S. District Judge April Perry granted a 30-day extension of the restraining order on Wednesday, a timeline agreed upon by the Justice Department in a Tuesday filing, according to Courthouse News Service. The order was originally set to expire on Thursday before the extension was finalized. Christopher Wells, an attorney representing the state of Illinois, stated in court that the extension was requested by the government rather than the plaintiffs. “We are very concerned about possible gamesmanship from other courts, and that what’s happening here has been betrayed,” Wells said, according to Courthouse News Service.
Judge Perry asked Wells why the origin of the request mattered, to which Wells cited “principles of equity.” Justice Department attorney Jody Lowenstein proposed waiting for the Supreme Court to rule on the matter, a suggestion Judge Perry denied. Instead, the judge offered alternatives that included a full preliminary injunction hearing, a trial on the merits, or converting the current temporary restraining order into a preliminary injunction. Judge Perry ultimately extended the current order, which can only be executed once with the agreement of both parties, and scheduled a status hearing in nine days, as reported by Courthouse News Service.
Legal Battle and Supreme Court Appeal
The initial temporary restraining order was issued by Judge Perry—appointed by Joe Biden—on Oct. 9 and was reaffirmed a week later by a Seventh Circuit panel. Following the Seventh Circuit’s decision, U.S. Solicitor General John Sauer filed an emergency application with the U.S. Supreme Court seeking an immediate stay of the order. “The injunction should be stayed so that federal enforcement of federal immigration law in Chicago is not left to the mercy of hostile state and local officials — or violent mobs,” Sauer wrote in the emergency application, according to Courthouse News Service. The Supreme Court has not yet issued a ruling on the emergency application.
Operation Midway Blitz and Protests in Broadview
The legal conflict stems from an immigration enforcement crackdown in the Chicagoland area dubbed “Operation Midway Blitz,” which began at the beginning of October. Federal officials estimate that approximately 1,500 people have been arrested since the operation started. The federal government argued that ongoing protests have made it impossible for Immigration and Customs Enforcement (ICE) officers to perform their duties safely. Particular focus was placed on demonstrations at an immigration processing facility in Broadview, which has served as a flashpoint for conflict.
Justice Department attorneys maintained that the protests in Broadview constitute a rebellion, granting the president authority to deploy troops under the Constitution. The Constitution permits the president to call in the National Guard to stop an invasion, quell an ongoing rebellion, or enforce U.S. laws when normal forces are unable to do so. President Donald Trump previously deployed the National Guard to Los Angeles in June in response to immigration raid protests—an action later deemed illegal by a federal judge following a three-day trial—and has discussed potential deployments in San Francisco and Portland, Oregon.
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