The U.S. Court of Appeals for the Seventh Circuit’s decision upholds a temporary restraining order granted by a federal judge in the Northern District of Illinois.
Protests in Chicago as federal judge reviews Trump’s military deployment
Hundreds of people protested in Chicago as a federal judge considered halting President Trump’s deployment of troops.
CHICAGO – A federal appeals court will not allow President Donald Trump to send troops into Illinois as part of the crackdown known as Operation Midway Blitz, at least for now, according to a ruling released Oct. 16.
The U.S. Court of Appeals for the Seventh Circuit, based in downtown Chicago, ruled in favor of U.S. District Judge April M. Perry’s Oct. 9 decision to bar the White House from sending troops. Lawyers for the Trump administration had argued that protests against the president’s immigration crackdown amounted to insurrection.
The appeals court judges disagreed, stating that “the energetic, sustained, and sometimes violent actions of demonstrators protesting the federal government’s immigration policies and actions do not, in the absence of anything beyond that, create a risk of rebellion against government authority.”
The 7th Circuit’s decision comes as Trump administration officials say the National Guard is needed to strengthen the White House’s efforts to catch the “worst of the worst” criminal immigrants. In blocking the troop deployment, Perry said allowing soldiers into the area would “only add fuel to the fire” that immigration officials have started in and around Chicago.
In response to the ruling, White House Press Secretary Abigail Jackson said in a statement: “The facts remain unchanged: President Trump used his lawful authority to protect federal personnel and property as violent riots and lawless acts continued as local leaders like Mr. Pritzker refused to intervene to quell them. President Trump will not turn a blind eye to the lawless acts plaguing America’s cities, and we look forward to being vindicated by the high court.”
Trump administration lawyer Eric Hamilton said at an Oct. 9 hearing that the administration believes the move to deploy troops is likely not subject to judicial review.
During President Trump’s blitzkrieg, immigration officials shot and killed a Mexican immigrant. A federal judge sought to restrict immigration officials from using chemical weapons against protesters, journalists, and clergy. Border Patrol agents then shot and killed a woman on the city’s south side.
Homeland Security officials say aggressive tactics are needed to catch criminals. Officials say more than 1,000 migrants have been arrested in connection with the raid. USA TODAY has not been able to confirm the number of arrests or the criminal history of those detained.
President Trump said he would consider invoking the Insurrection Act to send troops to U.S. cities that the White House deems problematic if the courts do not approve the deployment. Invoking a 19th-century law could help avoid the legal challenges President Trump faced when sending in troops.
A similar case regarding President Trump’s deployment of the California National Guard is underway in the U.S. Court of Appeals for the Ninth Circuit.
