Federal judge grants Illinois restraining order against Trump for Guard deployment

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(The Center Square) – A federal judge has granted the state of Illinois’ request for a temporary restraining order to prevent the Trump administration and the U.S. Army from deploying the National Guard in Illinois.

The city of Chicago joined the state in the lawsuit, which was announced Monday morning by Illinois Attorney General Kwame Raoul.

Judge April Perry made the ruling from the bench Thursday at the Everett McKinley Dirksen U.S. Courthouse in downtown Chicago.

Perry said not even the most ardent Federalist, Alexander Hamilton, believed one state’s militia could be sent to another state for political retribution.

Christopher Wells, division chief of the Illinois Attorney General’s Office, said there is no rebellion in Illinois to justify the deployment of federal troops.

“War and insurrection are heavy words, and the people who wrote the Constitution did not use them lightly,” Wells said in his opening remarks.

Wells cited the U.S. Department of Homeland Security’s Operation Midway Blitz and argued that federal immigration law is being enforced in Illinois.

“So where is the problem?” Wells asked.

Wells said the the administration has shown animus toward Illinois and the court should restore constitutional balance.

“What the president has done to Illinois is illegal and lawless,” Wells argued.

U.S. Deputy Attorney General Eric Hamilton said the court should deny the state’s motion. Hamilton referred to recent protests at U.S. Immigration and Customs Enforcement facility in Broadview and said one “agitator” ripped the beard off the face of an officer, guns were found with two protesters and an improvised explosive device was found at the facility.

Hamilton said “cartels and gangs” placed a $10,000 bounty on a Customs and Border Protection chief.

“In the last week, immigration enforcement vehicles have been rammed by other vehicles at least twice,” Hamilton continued.

Hamilton said it is enough for there to be “danger of a rebellion” and not an actual rebellion for the president to deploy federalized National Guard troops.

“This deployment is lawful,” Hamilton said.

Hamilton said the federal government offered Gov. J.B. Pritzker the opportunity to deploy the Illinois National Guard and keep army troops in Illinois under the governor’s command.

“That offer remains open to Gov. Pritzker today,” Hamilton said.

Perry granted attorneys for both sides three extra minutes of opening arguments after they exceeded the allotted time she provided.

The judge asked Hamilton about the number of National Guard troops to be deployed, which was currently set at about 200 from Texas and 300 from Illinois, but Hamilton did not say there was any maximum number.

Perry asked if the troops could be deployed outside Cook County anywhere in Illinois.

“It could be,” Hamilton answered.

Perry said the court had not received a request for additional federal protection at the Dirksen federal building on Friday.

Perry asked Hamilton for a distinction between the National Guard and law enforcement.

“The Guard are not authorized to carry out arrests or anything like that,” Hamilton said, adding that the troops could “temporarily detain.”

The judge asked if the Guard could engage in traffic control or “brandish weapons” in the street.

“I don’t have information to provide on that,” Hamilton said.

“Are they allowed to pursue individuals or vehicles” Perry asked.

“I don’t recall anything like that,” Hamilton replied.

“Will they be solving crime in Chicago?” Perry asked.

“Certainly, to an extent. The mission is a federally protective one,” Hamilton said, citing the violence aimed at immigration enforcement officers.

Hamilton said the Guard deployment was not intended to solve all crime in Chicago.

“This is a federal protective mission,” Hamilton said.

Perry said there is a disconnect between the federal government’s court filings and Trump’s public statements.

“The president is entitled to great deference here,” Hamilton argued.

The judge said she understood that the president was entitled to deference but she was troubled by which specific actions the Guard would employ to “solve crime.”

“Even plaintiffs agree that there has been violence,” Hamilton said.

Perry cited the arrest of two protesters with guns who faced charges that were later dropped and said people exercising their Second Amendment right was not evidence of criminality.

The judge suggested that, under Hamilton’s arguments, any nonviolent protest could be considered a rebellion and any federal agency that needs “an assist” could get National Guard deployment.

The judge said the case might be different if the administration only argued for Guard deployment at federal property and in support of federal immigration enforcement.

“I am very much struggling to figure out where this would ever stop,” Perry said.

The judge referred to potential issues with “peaceful protesters” several times and questioned whether “petty acts of vandalism” were preventing federal officials from enforcing the law.

Perry then questioned Wells and asked if he believed the president could take 500 soldiers from Naval Station Great Lakes and send them down to Broadview?

“We have a significant line between state and local law enforcement and the military,” Wells said.

Wells discussed public virtue s and said the Trump administration had a “terrifying” pattern of conduct.

Wells said the president did have power and was using it.

“This court can check that power,” Wells said.

In his concluding remarks, Hamilton argued that the current situation represents an unusual threat to federal personnel and property.

“The president’s judgment is unreviewable,” Hamilton said.

The deputy attorney general cited “deference to the president” multiple times.

Gov. J.B. Pritzker spoke earlier Wednesday and expressed confidence the judge would rule in favor of his state.

“So imagine what the social media will look like when National Guard troops are having to turn around and turn tail and head back to Texas when they’re ordered to do so. I think they should take notice that is exactly what will happen,” Pritzker asserted.

Earlier Wednesday, Pritzker said Trump and his attorneys made court filings to try to make federal deployments look legal.

“They’re saying it’s about protecting a facility. They’re saying it’s about protecting ICE officers, agents. The president repeatedly, even after all the claims that this is about protecting facilities and people, because he started with he wants to deploy people because of crime,” Pritzker said.

Trump also spoke Wednesday and thanked Texas Gov. Greg Abbott.

“Governor Abbott, he gave us 400 troops without even a question. We have other governors likewise doing what has to be done, because they know we have to confront crime,” the president said.

Trump questioned why the governor would want to block the National Guard deployment.

“I don’t understand why Pritzker’s trying to protect people that are really bad,” Trump said.

U.S. Army Major General Niave Knell of U.S. Northern Command stated in a court filing late Wednesday that there were approximately 200 federalized National Guard personnel in Illinois. Knell stated that the scope of the National Guard activities would be in response to requests by federal government agents and agencies only when they are related to the protection of federal personnel performing official functions.

Knell said there was a request the Department of Homeland Security for protection support at the U.S. Immigration and Customs Enforcement facility in Broadview. The second request was from the Federal Protective Service to support protection at the federal courthouse in Friday, Oct. 10, due to “two high-profile cases” involving DHS activities and personnel.

On Thursday morning, Virginia M. Kendall, chief judge of the U.S. District Court for the Northern District of Illinois Eastern Division, released a statement saying that the U.S. Marshals Service has jurisdiction over interior and exterior security at the Dirksen courthouse.

“While the Federal Protective Service has authority in most federal buildings, the United States Marshals Service has that primary responsibility at the Dirksen Courthouse. I trust and rely upon the men and women of the United States Marshals Service and the Court Security Officers to provide security at the Dirksen Courthouse; this includes the perimeter of the building. At no point did I, nor did the Building Security Committee, authorize or request the National Guard's assistance to secure the Dirksen Courthouse,” the judge stated.

U.S. Northern Command announced Wednesday evening, the Texas National Guard are employed in the greater Chicago area. 

"Approximately 200 soldiers from various units of the Texas National Guard and approximately 300 soldiers from various units of the Illinois National Guard were activated into a Title 10 status and have arrived in the greater Chicago area," the agency said. 

The guardsmen were mobilized for an initial period of 60 days.

The village of Broadview said approximately 45 Texas National Guard soldiers arrived Wednesday evening.

"During their patrols, Broadview police officers observed the vans parked in the rear of 2000 25th Ave and all of the guards were sleeping," a statement from the village said. "We let them sleep undisturbed. We hope that they will extend the same courtesy in the coming days to Broadview residents who deserve a good night’s sleep, too. #TiredTexans.”

Illinois State Police said in a statement their unified command with local, county and state emergency management and law enforcement is separate from the activities of the National Guard. ISP had previously announced then unified command's focus last week. 

"In addition to protecting the safety and rights of people peacefully expressing their views, these measures will also ensure that third parties that need access to the facility – including attorneys and legal representatives, people bringing medicine to detainees, and representatives from foreign consulates – will maintain clear points of access to the facility," ISP said Oct. 3.  

Greg Bishop contributed to this report.