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A federal appeals court has ruled that US President Donald Trump’s administration cannot deploy the National Guard in Illinois.
The Chicago-based US Court of Appeals for the 7th Circuit also ruled that the force could remain under federal control for now.
The decision partially upheld a lower court ruling that blocked the deployment of troops in the Chicago area, which said it was “likely to lead to civil unrest” and “only add fuel to the fire”.
Trump has previously sent the National Guard to other Democratic-led cities, such as Los Angeles, Washington DC and Portland, Oregon.
He has argued troops were needed to crack down on illegal immigration and crime, but local officials have filed lawsuits accusing him of exceeding his legal authority.
The US military said this week there were 300 members of the Illinois National Guard and 200 members of the Texas National Guard activated in the Chicago area.
“Members of the National Guard do not need to return to their home states unless further ordered by a court to do so,” Saturday’s appeals court order said.
On Thursday, US District Court Judge April Perry granted a temporary restraining order blocking the troop deployment in Illinois.
The Biden appointee wrote: “I have seen no credible evidence that there has been rebellion in the state of Illinois.”
Officials in Illinois and Chicago had sued the Trump administration, arguing the deployment was a “grave intrusion on Illinois’ sovereignty”.
Chicago has been a particular flashpoint since the Trump administration launched Operation Midway Blitz in September to detain and deport undocumented migrants.
Trump’s September deployment of 200 National Guard troops to Portland, Oregon is still being challenged in the courts.
Last week, it was blocked by Oregon District Judge Karin Immergut, who was appointed by Trump during his first term in the White House.
She wrote that the administration’s justification for the deployment “was simply untethered to the facts”.
In June, Trump sent 4,000 National Guard and 700 Marines to Los Angeles to quell at-times violent protests over immigration raids in the city.
Most of those troops have since withdrawn, and the state of California is still suing the Trump administration over the deployment.
BBC News
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