Appeals court allows federalization of troops but says they can’t be
deployed
[October 14, 2025]
By Andrew Adams
CHICAGO — A federal appeals court has allowed the federalization of
National Guard troops in Illinois but told the federal government that
those troops can’t be deployed while the case makes its way through the
courts.
The order from the lower court blocking the deployment of troops remains
in effect through next Thursday, Oct. 24, at which point U.S. District
Judge April Perry may extend it.
Federal officials could further appeal Perry’s temporary restraining
order, issued Oct. 10. A pending decision in the 9th Circuit Court of
Appeals — which is considering a similar case concerning National Guard
deployments in Portland — could further complicate the case in Chicago.
Federal lawyers have argued that troop deployment is necessary to
protect immigration agents and federal properties. They’ve further
claimed Illinois is in a state of “rebellion” — a sentiment rejected by
the state’s lawyers and by Perry. Their arguments stand in contrast to
comments made by Trump and others in his administration who have said
sending the National Guard to Chicago is necessary to reduce crime in
the city. Long-standing federal law prohibits using the military for
domestic law enforcement.
The weekend also saw continued clashes between protestors, religious
groups and law enforcement officials in Broadview — the site of an
Immigration and Customs Enforcement facility and epicenter of anti-ICE
protests.
The Cook County Sheriff’s Office reported their office and Illinois
State Police arrested four people on Friday and 15 people on Saturday,
mostly on charges of resisting arrest or disobeying a police order. One
person was charged with aggravated battery and another was charged with
criminal damage to government property.
On Saturday, federal officials denied a group of religious leaders entry
to the Broadview facility when they came to give communion to people
inside the facility. A smaller group of ministers were also denied entry
on Friday.
“What is happening there to our people? We must ask this question,”
Coalition for Spiritual and Public Leadership Executive Director Michael
Okinczyc-Cruz, said Monday. Cruz helped organize Saturday’s
demonstration.
Springfield’s reaction
On Monday morning, a collection of high-ranking Springfield Democrats
joined with local officials from Broadview and the surrounding area to
show opposition to the federal immigration crackdown.
The gathering included House Speaker Chris Welch, D-Hillside, Senate
Majority Leader Kimberly Lightford, D-Maywood, and Democratic Party of
Illinois Chair Rep. Lisa Hernandez, D-Cicero, among others.
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A man in military fatigues walks outside an Immigration and Customs
Enforcement facility in Broadview on Oct. 9. National Guard troops
were deployed to the facility earlier in the day. (Capitol News
Illinois photo by Andrew Adams)
“Tomorrow we are heading back to Springfield for veto session, and I
want you to know that we are bringing your voices, your fight and your
courage with us,” Illinois House Latino Chair Rep. Norma Hernandez,
D-Chicago, said. “We’ll be working tirelessly to get ICE out of our
courts, out of our hospitals, out of child care centers and out of our
schools.”
Welch said at the news conference that there are “a lot of people”
working on how to respond to immigration agents’ behavior in Chicagoland
and echoed many of Hernandez’ goals.
“If we can find a way to keep ICE from going into hospitals while people
are recovering from injuries and surgeries, we want to keep them out of
hospitals. If we can keep them out of courts and areas around the
courts, if we can do that properly, I would love to do that,” Welch
said.
Welch added that he wants to ensure that any new policies “have teeth,
that they’re substantive, and that they’re enforceable.” The Supremacy
Clause of the U.S. Constitution generally prevents states from
regulating the federal government.
Federal officials denied
On Friday, U.S. Sens. Dick Durbin and Tammy Duckworth, both Democrats,
attempted to visit the Broadview ICE facility but were denied entry.
U.S. Rep. Raja Krishnamoorthi’s visit on Monday was also denied,
according to a video posted to the Schaumburg Democrat’s social media.
This comes several weeks after Democratic members of Illinois’
congressional delegation were denied access to the same facility and saw
a scheduled meeting with Department of Homeland Security officials
canceled.
Generally, federal law allows members of Congress the ability to conduct
oversight visits to federal buildings, although a DHS policy change and
repeated denials of entry caused several members of Congress to sue for
their right to visit facilities like Broadview. No Illinois officials
are plaintiffs in that case.
“It’s clear President Trump wanted to deploy our nation’s military to
Illinois, with no legal basis, to spread fear and sow chaos. There is no
rebellion or insurrection happening in our state,” Durbin, one of the
most senior lawmakers in Washington, said in a statement Monday.
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