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3h ago

Courts Diverge on Trump’s Guard Deployments as Illinois Secures New Limits

Conflicting rulings now push the dispute toward Supreme Court review.

An officer with the Department of Homeland Security Special Response Team stands facing a protester outside an ICE facility in Portland, Ore., on Oct. 6, 2025.
Members of the National Guard patrol a street in Memphis on Oct. 10, 2025.
Sen. Tammy Duckworth, D-Ill., speaks to the media while Sen. Dick Durbin, D-Ill., listens outside the U.S. Immigration and Customs Enforcement facility in Broadview, Ill., on Oct. 10, 2025.
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Overview

  • U.S. District Judge April Perry halted the Illinois deployment with a 14-day restraining order, citing the Tenth and Fourteenth Amendments and the Posse Comitatus Act and finding no credible evidence of rebellion in the state.
  • The Ninth Circuit allowed federalization of the Oregon National Guard but left in place Judge Karin Immergut’s order barring deployment of any federalized Guard units to Portland.
  • In California, Judge Charles Breyer’s injunction against federalization was stayed by the Ninth Circuit, and his subsequent ruling on Posse Comitatus was also halted as the appeals court sets arguments for later this month.
  • Chicago media organizations obtained a temporary restraining order protecting working journalists from dispersal, arrest, threats, or use of force by federal officers and from certain crowd-dispersal orders.
  • The administration appealed the Illinois ruling to the Seventh Circuit, while a bipartisan group of 26 former governors criticized the deployments in an amicus brief and several current Republican governors voiced objections.