A federal appeals court on Saturday temporarily lifted a judge’s order blocking White House efforts to federalize National Guard troops for use in Chicago, but left her block on their deployment in the city.
The troops can now remain at their base, the U.S. Army Reserve Center in Elwood, Illinois, about an hour outside Chicago.
“Members of the National Guard do not need to return to their home states unless further ordered by a court to do so,” the one-page order from the Chicago-based 7th Circuit Court of Appeals said.
The appeals court reversed part of a ruling by U.S. District Judge April Perry, who on Thursday barred the White House from federalizing and deploying National Guard troops from Illinois and Texas in the city, rejecting the administration’s argument that they were needed to quell protests and unrest that President Donald Trump has complained is interfering with federal immigration enforcement.
Perry, an appointee of former President Joe Biden, was skeptical that National Guard troops could calm the protests, and indicated it was actually the immigration agents who were at fault for the discord in the city.
The appeals court’s move resembles one by the 9th Circuit Court of Appeals last week, which indicated it may soon overturn a judge’s decision holding that Trump’s push to federalize 200 National Guard troops to Portland was illegal.
Illinois Gov. JB Pritzker and Chicago Mayor Brandon Johnson have consistently opposed Trump’s efforts to send National Guard troops to Chicago as part of his nationwide crackdown on crime. On Saturday, Pritzker lashed out specifically at Trump’s call-up of National Guard troops from Texas.
“Texas is preparing emergency resources for wildfires and floods,” Pritzker wrote in a post on X, referencing deadly natural disaster threats in the Lone Star State. “The Texas National Guard should be THERE — not in Illinois. We stand ready to support their return home so they are best positioned for helping Texans respond to any natural disasters.”
The 7th Circuit did not identify the judge or judges who issued the order Saturday.
The White House did not immediately respond to a request for comment from POLITICO. The offices of Pritzker and Johnson also did not immediately respond to POLITICO’s outreach.