Illinois National Guard Deployment Challenge

A pro-democracy lawsuit challenging President Donald Trump’s federalization and deployment of the Illinois and Texas National Guard to Chicago.

Background

Illinois state officials filed a lawsuit challenging President Donald Trump’s federalization and deployment of the Illinois and Texas National Guard into Chicago, over the objection of Illinois Gov. JB Pritzker (D). Illinois asserts that the Trump administration sent federal agents into Illinois for immigration enforcement and used “brute force tactics” to stir up “foreseeable” protests. These protests were then used to create “flimsy pretext” to deploy both Illinois and Texas National Guard troops into Chicago.

The lawsuit argues the Trump administration acted beyond its authority under Title 10 and the Posse Comitatus Act, violated the U.S. Constitutional principles under the Tenth Amendment, Equal Sovereignty,  Separation of Powers, Militia Clauses, and the Take Care Clause, as well as violated the Administrative Procedures Act. Illinois seeks to block the federalization and deployment of all National Guard troops within the state. 

Why It Matters

Trump’s federalization of both the Illinois and Texas National Guard represents another dangerous escalation to extend federal power and test the limits of presidential authority to use the military against states and their citizens. Trump has already deployed federal troops to Los Angeles, Washington, D.C., and Portland. He has further threatened military troop deployments to other Democratic-run cities, including Baltimore, New Orleans, New York City, San Francisco, and Oakland, CA.

Latest Updates

• Feb. 6, 2026: The Trump administration filed a motion to dismiss in the district court arguing that the case is now moot because no more federalized troops remain the state.
• Jan. 22, 2026: The Seventh Circuit dismissed the Trump administration’s appeal as settlement negotiations continue in the district court.
• Jan. 21, 2026: Parties filed a joint stipulation to dismiss the appeal in the Seventh Circuit.
• Jan. 14, 2026: The district court paused proceedings to allow parties to conduct settlement negotiations.
• Jan. 12, 2026: Plaintiffs asked the Seventh Circuit to dissolve its pause on the district court’s order blocking the federalization of National Guard troops within the state. This request comes in light of the Supreme Court’s Dec. 23 decision and Trump’s decision to end all ongoing federalizations under 10 U. S. C. §12406(3).
• Dec. 31, 2025: Trump announced he is ending federalizations of National Guard troops within the state.
• Dec. 23, 2025: The Supreme Court denied the government’s request to pause lower court rulings blocking deployments of National Guard troops within Illinois. The Supreme Court also determined “regular forces” is likely to mean the United States military, a departure from the Trump administration’s interpretation of the phrase within 10 U. S. C. §12406(3).
• Nov. 17, 2025: The parties submitted their Supreme Court reply briefs.
• Nov. 10, 2025: The parties submitted their supplemental briefings on the Supreme Court’s question.
• Oct 29, 2025: The Supreme Court asked parties to provide briefings on the question of, whether the term “regular forces” refers to the regular forces of the United States military, and, if so, how that interpretation affects the operation of 10 U. S. C. §12406(3).
• Oct. 23, 2025: The district court extended the Oct. 9 temporary restraining order to block deployment of the National Guard within the state.
• Oct. 17, 2025: The Trump administration asked the Supreme Court to pause the district court’s Oct. 9 order barring deployment of National Guard troops within the state.
• Oct. 16, 2025: The Seventh Circuit will continue the “status quo” to allow National Guard troops to remain federalized, but blocked any deployments within the state pending appeal.
• Oct. 11, 2025: The Seventh Circuit will temporarily allow the Trump administration to keep National Guard troops federalized, but blocked any deployment of those troops within Illinois.
• Oct. 9, 2025: The district court granted plaintiffs’ motion for a temporary restraining order, blocking the federalization and deployment of the National Guard within Illinois. The Trump administration appealed.
• Oct. 6, 2025: Plaintiffs’ filed their complaint and motion for a temporary restraining order and preliminary injunction.