Trump asks Supreme Court to allow Guard deployment in Chicago

Chris Johnson, CQ-Roll Call on Oct 17, 2025

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WASHINGTON — The Trump administration asked the Supreme Court on Friday to quickly lift a lower court order that blocked the deployment of federalized National Guard troops to assist immigration officials in the Chicago area.

The application argues the decision from Judge April Perry of the U.S. District Court for the Northern District of Illinois is among a pattern in cases, such as those out of Los Angeles and Portland, where judges have overreached their power and misread the law governing the president’s authority over the state-based military force.

“A federal district court lacks not only the authority but also the competence to wrest control of the military chain of command from the Commander in Chief and to adjudicate whether the Governor of Illinois, rather than the President, should be in ultimate command of particular Guardsmen after the President has called them into federal service” under a section of federal law, the petition says.

The Supreme Court asked Chicago and Illinois to respond to the application by Monday.

On Thursday, a three-judge panel of the U.S. Court of Appeals for the 7th Circuit allowed Trump to federalize the National Guard but still prohibited him from deploying troops to the Chicago area.

The Justice Department argues the appellate-court decision “eviscerates the President’s order.”

Trump announced on Oct. 4 he would invoke his federal authority to federalize the National Guard and deploy troops to the Chicago area without the consent of Illinois Gov. J.B. Pritzker, with the stated purpose of protecting federal property and immigration officials against allegedly violent groups.

“These groups have sought to impede the deportation and removal of criminal aliens through violent demonstrations, intimidation, and sabotage of Federal operations,” Trump wrote in his order. “These violent activities appear to be increasing, and the situation in the State of Illinois, particularly in and around the city of Chicago, cannot continue.”

The application states that the president called into service 300 members of the Illinois National Guard, and 400 members of the Texas National Guard would join them. “All of those soldiers will serve under federal command and will be deployed solely in a protective capacity—not to engage in civilian law enforcement functions,” the applications states.

The Trump administration also asks for an administrative stay as the Supreme Court is considering their application.

“Were the injunction allowed to remain in effect, even just for the period while this Court considers the stay application, that would immediately increase the risk that federal personnel in Chicago may be seriously harmed by violent anti-ICE agitators,” the application states.

The case is Trump v. State of Illinois and City of Chicago.

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