Federal judge allows National Guard troops to remain in Illinois but prohibits their deployment for patrol duties amid President Trump’s comments on the Insurrection Act.
A federal judge has ruled that National Guard troops deployed to Illinois by President Donald Trump to address crime can stay in the state. However, they are prohibited from patrolling or protecting federal property.
The ruling came after U.S. District Judge April Perry issued a temporary restraining order on Thursday, blocking the deployment of the National Guard in Chicago and throughout Illinois for at least two weeks. The Trump administration sought an emergency stay following this decision.
In her ruling, Judge Perry stated that there was no evidence to support claims of a “danger of rebellion” in Illinois, despite Trump’s suggestions that he might invoke the Insurrection Act. This act allows the federal government to deploy troops to states that resist federal laws or fail to quell insurrections.
During a press briefing in the Oval Office, Trump remarked, “I’d do it if it was necessary. So far it hasn’t been necessary. But we have an Insurrection Act for a reason.” The Insurrection Act was last invoked in 1992 during the Los Angeles riots.
Judge Perry emphasized that there has been no indication of a failure of civil authority in Illinois. She noted that individuals who have violated the law by attacking federal authorities have been arrested, and the courts remain operational. “Resort to the military to execute the laws is not called for,” she stated.
She further added, “Not even Alexander Hamilton could have envisioned one state’s militia to be used against another state’s residents because the President wants to punish those with views other than his own.”
In her order, Judge Perry clarified that members of the National Guard do not need to return to their home states unless specifically directed by a court. This decision allows the troops to remain in Illinois while further legal arguments are considered.
In addition to Chicago, Trump has also dispatched federal troops to other cities, including Los Angeles, Washington, D.C., and Memphis.
According to Fox News, the situation continues to develop as legal proceedings unfold regarding the deployment of National Guard troops in Illinois.
Source: Original article