The U.S. Supreme Court has rejected President Donald Trump’s request to lift a lower court injunction that prevented the deployment of National Guard troops in Chicago and across Illinois to assist with immigration enforcement operations, Baltimore Chronicle reports. The unsigned order issued Tuesday emphasized that the president “failed to identify a source of authority that would allow the military to execute the laws in Illinois,” effectively keeping the administration’s plan on hold while legal challenges continue.
The ruling, issued by an apparent 6-3 majority, blocks the administration’s attempt to send 300 Illinois National Guard members to support federal immigration agents and protect federal property. The decision also raises questions about the legality of National Guard deployments in other states under Trump’s nationwide immigration enforcement efforts, though legal analysts note that Washington, D.C., may be treated differently due to its unique federal status.
Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissented from the majority opinion.
The White House responded by asserting that the ruling does not affect Trump’s overall agenda to protect federal personnel and enforce immigration laws. White House spokeswoman Abigail Jackson said, “[Trump] activated the National Guard to protect federal law enforcement officers, and to ensure rioters did not destroy federal buildings and property. Nothing in today’s ruling detracts from that core agenda.”
Democratic Illinois Governor JB Pritzker praised the Supreme Court’s decision, describing it as a critical step in curbing executive overreach. “American cities, suburbs, and communities should not have to face masked federal agents asking for their papers, judging them for how they look or sound, and living in fear that the President can deploy the military to their streets,” Pritzker wrote in a series of posts on X.
The case centers on the interpretation of Section 12406 of the federal code, which allows a president to deploy a state’s National Guard if he is “unable with the regular forces to execute the laws of the United States.” Trump administration attorneys argued that “regular forces” include federal law enforcement officers, such as DHS and ICE agents, who they claim required reinforcements in Chicago. The Supreme Court majority disagreed, stating that “regular forces” likely refers to active-duty military, which can only be legally deployed domestically under specific circumstances, such as to suppress insurrections.
The court noted, “Before the President can federalize the Guard, he likely must have statutory or constitutional authority to execute the laws with the regular military and must be ‘unable’ with those forces to perform that function.” Because regular military had not been legally deployed to assist law enforcement, Trump had no legal basis to deploy the Guard under the statute he cited.
Under the Posse Comitatus Act, the U.S. military is generally prohibited from engaging in domestic law enforcement, except in narrowly defined cases, such as under the Insurrection Act, which Trump has not invoked. Justice Brett Kavanaugh, agreeing with the decision but on narrower grounds, noted that Trump still has legal avenues to protect federal personnel and property, including using the regular armed forces.
Justice Alito, in a dissenting opinion, criticized the majority for limiting presidential authority as commander in chief, stating that the protection of federal officers should not be hindered regardless of views on immigration enforcement operations.
Trump has referred to Chicago as a “war zone,” citing protests against immigration agents and activities near a migrant detention facility. Beyond Illinois, the president has deployed Guard members to Tennessee, Oregon, California, and Washington, D.C., with active street presence reported in Memphis, Los Angeles, and D.C., according to the Department of War.
Earlier we wrote that US Coast Guard Pursues Sanctioned Venezuelan Vessel Following Oil Tanker Seizure.
