Overview
- The justices denied the administration’s emergency bid, leaving in place lower-court rulings that halted the Chicago deployment and noting the decision is not a final ruling on the merits.
- The order indicates the statute’s term “forces regular” likely refers to the Armed Forces and that the authority to call up the Guard applies only where troops could lawfully execute the laws, not to guard ICE operations.
- Justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissented, while Justice Brett Kavanaugh agreed with the outcome but cautioned against broad reasoning.
- District Judge April M. Perry earlier found no credible evidence of a “danger of rebellion” in Illinois, as the government cited protests near ICE’s Broadview facility where arrests and injuries were reported.
- Roughly 300 Illinois Guard members remain federalized but sidelined, Texas contingents were sent home or held in reserve, and related litigation continues in D.C., Oregon, California and Tennessee with a patchwork of rulings and appeals.