The Supreme Court of the United States, in a 6-3 decision, has barred President Donald Trump from federalizing and deploying Illinois National Guard troops to Chicago. The ruling, issued on Tuesday, was a response to the administration's efforts to strengthen immigration enforcement in sanctuary cities that have been resistant to federal immigration policies.
President Trump's administration had initially sought to deploy 300 National Guard service members to assist Immigration and Customs Enforcement (ICE) agents in October, following reports of violent confrontations at an ICE facility in Broadview, Illinois. The federal agents reportedly faced hostile conditions, including threats and attacks from individuals protesting the agency's operations.
The move was met with judicial resistance when a federal judge, appointed by Joe Biden, issued a temporary restraining order to halt the deployment. Following the block, the administration pursued an appeal to the U.S. Court of Appeals for the Seventh Circuit, which denied the request. The administration then escalated the matter to the Supreme Court.
In the unsigned majority opinion, the Supreme Court stated that the Trump administration had not identified a legal authority that would permit the military to execute laws in Illinois. The ruling called into question the administration's reliance on what it claimed as inherent constitutional authority to use military forces to protect federal personnel and property.
The Court's decision delved into the constraints of the Posse Comitatus Act, which limits the use of military forces in domestic law enforcement unless an exception is granted by statute. The Court found an inconsistency in the government's argument, which on one hand asserted that protective actions are not the execution of laws under the Posse Comitatus Act, but on the other, argued they fell within the scope of another statute.
Chief Justice John Roberts, along with Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson, supported the order. Justice Brett Kavanaugh provided a concurring opinion. Three justices—Samuel Alito, Clarence Thomas, and Neil Gorsuch—dissented, with Alito voicing concern for the safety of federal officers and the potential hindrance of their protection.
The Supreme Court's decision is pivotal as it underscores the ongoing friction between federal immigration enforcement and the autonomy of sanctuary jurisdictions like Chicago. The ruling does not conclude the merits of the case but centers on the preliminary legal authority required for such a deployment. The legal proceedings are expected to continue in the lower courts.
The Supreme Court case, titled Trump v. Illinois, No. 25A443, represents a significant legal setback for the Trump administration's immigration enforcement strategy and highlights the complex legal landscape surrounding federal and state powers.
