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Federal appeals court reinstates Trump's control over National Guard in Illinois, but prevents its deployment

Saturday's decision was made by U.S. District Judge April Perry, who last Thursday had blocked the government's use of the National Guard.

The U.S. National Guard.

The U.S. National Guard.AFP

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The Seventh Circuit Court of Appeals on Saturday partially restored the president's Donald Trump control over the National Guard in both the city of Chicago and Illinois, but prevented him from deploying the National Guard in that state. Thus, the federal court's ruling determined that, while it partially granted the request for an administrative stay filed by the Trump Administration - implying that the Republican leader has the authorization to federalize the National Guard in Illinois - it denied the request of the National Guard to order the deployment of the troops. However, the ruling also detailed that the troops will not have to return to their home states, unless the court orders otherwise.

Saturday's decision was made by U.S. District Judge April Perry, who last Thursday had blocked the government's use of the National Guard. His decision Saturday mirrors the ruling issued last Wednesday by U.S. District Judge Karin Immergut regarding Trump's actions regarding the National Guard in the city of Portland, Oregon. "The effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed," a three-judge panel of the Ninth Circuit Court of Appeals wrote in a brief order.

Perry, who was an appointee of former Democratic President Joe Biden during his administration, had also previously granted the request by Illinois and Chicago officials to formally issue a temporary restraining order, thereby preventing Trump from taking control of the National Guard and being able to send them across the state after several of his units were ordered to patrol around Chicago.

Top Illinois Democrats had celebrated Perry's decision Thursday

After Perry issued his ruling last Thursday, Chicago's Democratic Mayor Brandon Johnson expressed his joy with the federal judge's decision to block the use of the National Guard, explaining that the ruling represented a victory for the city. The progressive leader, who attended that hearing, stated that the judge's decision was "a victory for the people of Chicago and for the rule of law," and vowed that the city "will continue to use every tool at its disposal to end the Trump Administration's war on Chicago."

For his part, Illinois Democratic Gov. JB Pritzker said in a statement that Perry's decision last Thursday was a clear sign that the administration is not above the law, adding that the National Guard has no place in cities across the country. "DDonald Trump is not a king, and his administration is not above the law. Today, the court confirmed what we all know: there is no credible evidence of a rebellion in the state of Illinois. And no place for the National Guard in the streets of American cities like Chicago," said the Governor.
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