The state of Illinois and the city of Chicago have filed a lawsuit against the Trump administration seeking to block the deployment of National Guard troops to Chicago. They argue the move exceeds federal authority and undermines state sovereignty.
Filed in federal court in the Northern District of Illinois, the complaint names President Donald Trump, Defense Secretary Pete Hegseth, Homeland Security Secretary Kristi Noem and others. The plaintiffs seek a temporary restraining order to prevent federalized troops from acting in law-enforcement roles.
Attorney General Kwame Raoul said, “The American people … should not live under the threat of occupation by the United States military.” He added, “I am absolutely committed to upholding the Constitution.” Mary Richardson-Lowry, Chicago’s corporation counsel, said, “This is a nation of constitutional law, not martial law.”
The complaint contends the federal government has failed to justify any legal grounds required for deployment under 10 U.S.C. § 12406, which allows federalization only in the event of rebellion, invasion, or inability to enforce laws. It also claims that the deployment violates the Posse Comitatus Act and the Tenth Amendment.
Illinois Governor J.B. Pritzker, at a news conference, accused the administration of staging a “military-style invasion” of Chicago and using state service members as political pawns. He said federal agents arrived by Black Hawk helicopters and rappelled onto rooftops. “Why? To create the pretext for invoking the Insurrection Act,” he said.
U.S. District Judge April Perry declined to issue an immediate restraining order blocking the deployment, but scheduled a hearing for Thursday. The judge asked the administration to respond by Wednesday night.
Defense attorneys argue the federal government acted within its authority to protect federal interests amid unrest. White House officials have said that President Trump “may turn to the Insurrection Act” if local leaders block federal efforts.
The Illinois and Chicago lawsuit comes shortly after a federal judge in Oregon blocked a similar National Guard deployment there. Legal observers say the outcome could help define the limits of presidential power over domestic military use.
Chicago Mayor Brandon Johnson also joined in opposition, issuing an executive order banning federal immigration agents from using city property. He stated that federal tactics in Chicago “undermine our democracy.”