Activists participate in a demonstration outside the ICE detention facility in Broadview, Ill., on Oct. 10. A federal district judge is blocking the National Guard from deploying in the city. Photo by Christobal Herrera Ulashkevich/EPA
Oct. 22 (UPI) — A federal judge on Wednesday extended her order blocking the deployment of National Guard troops to Chicago before the U.S. Supreme Court weighs in.
District Judge April Perry, who was appointed by President Joe Biden, decided to keep the ban until there’s a full trial on the issue or the high court rules.
On Oct. 9, Perry issued the original order that was to expire Thursday.
Five days earlier, Trump ordered the deployment to Chicago.
Her earlier decision came as 200 members of the Texas National Guard arrived at the Immigration and Customs Enforcement facility in the south Chicago suburb of Broadway. People opposed to the ICE presence have protested there.
The deployment also included 300 members of the Illinois National Guard and 16 troops from California.
Perry had found there was “no credible evidence that there is a danger of rebellion in the state of Illinois.” She said the Department of Homeland Security’s information of protests are “unreliable.”
On Thursday, the three-judge 7th Circuit Court of Appeals backed Perry’s ruling, writing that “political opposition is not rebellion.”
The Trump administration accused the appeals judges of “judicially micromanaging the exercise of the President’s Commander-in-Chief powers.”
The federal government filed an emergency appeal to the high court.
Originally, Department of Justice lawyers proposed extending that order another 30 days in a Tuesday filing.
But because a temporary restraining order can only be extended once, the judge warned Wednesday that “whatever extension we make has to be the right one” to prevent a gap in judicial orders “that would allow troops be deployed on the streets.”
In a filing Friday to the Supreme Court, U.S. Solicitor General John Sauer said the judicial branch has no right to “second guess” a president’s judgment on national security or military actions. He said the guard is needed to protect federal immigration agents and property from protesters.
Even if the high court stays Perry’s temporary restraining order, the state would seek a “quick trial” or other expedited injunction hearing, Illinois Attorney General Kwame Raoul’s office said.
In Portland, Ore., an expedited trial is planned for next week after the 9th Circuit Court of Appeals on Monday overturned another temporary restraining order by U.S. District Judge Karin Immergut, a Trump appointee, blocking National Guard deployment there.
On Wednesday night, the Trump administration asked the full circuit not to examine the three-judge ruling.
The district judge in Oregon is planning a hearing on Friday to consider whether to dissolve or suspend the temporary restraining order.
The Trump administration is planning to send dozens of federal agents to San Francisco on Thursday, a source told CNN.