CHICAGO — A federal appeals court has allowed the federalization of National Guard troops in Illinois but told the federal government that those troops can’t be deployed while the case makes its way through the courts.
The order from the lower court blocking the deployment of troops remains in effect through next Thursday, Oct. 24, at which point U.S. District Judge April Perry may extend it.
Federal officials could further appeal Perry’s temporary restraining order, issued Oct. 10. A pending decision in the 9th Circuit Court of Appeals — which is considering a similar case concerning National Guard deployments in Portland — could further complicate the case in Chicago.
Federal lawyers have argued that troop deployment is necessary to protect immigration agents and federal properties. They’ve further claimed Illinois is in a state of “rebellion” — a sentiment rejected by the state’s lawyers and by Perry. Their arguments stand in contrast to comments made by Trump and others in his administration who have said sending the National Guard to Chicago is necessary to reduce crime in the city. Long-standing federal law prohibits using the military for domestic law enforcement.
Read more: Judge calls feds ‘unreliable,’ temporarily blocks National Guard deployment to Illinois
The weekend also saw continued clashes between protestors, religious groups and law enforcement officials in Broadview — the site of an Immigration and Customs Enforcement facility and epicenter of anti-ICE protests.
The Cook County Sheriff’s Office reported their office and Illinois State Police arrested four people on Friday and 15 people on Saturday, mostly on charges of resisting arrest or disobeying a police order. One person was charged with aggravated battery and another was charged with criminal damage to government property.
On Saturday, federal officials denied a group of religious leaders entry to the Broadview facility when they came to give communion to people inside the facility. A smaller group of ministers were also denied entry on Friday.
“What is happening there to our people? We must ask this question,” Coalition for Spiritual and Public Leadership Executive Director Michael Okinczyc-Cruz, said Monday. Cruz helped organize Saturday’s demonstration.
Springfield’s reaction
On Monday morning, a collection of high-ranking Springfield Democrats joined with local officials from Broadview and the surrounding area to show opposition to the federal immigration crackdown.
The gathering included House Speaker Chris Welch, D-Hillside, Senate Majority Leader Kimberly Lightford, D-Maywood, and Democratic Party of Illinois Chair Rep. Lisa Hernandez, D-Cicero, among others.
“Tomorrow we are heading back to Springfield for veto session, and I want you to know that we are bringing your voices, your fight and your courage with us,” Illinois House Latino Chair Rep. Norma Hernandez, D-Chicago, said. “We’ll be working tirelessly to get ICE out of our courts, out of our hospitals, out of child care centers and out of our schools.”
Welch said at the news conference that there are “a lot of people” working on how to respond to immigration agents’ behavior in Chicagoland and echoed many of Hernandez’ goals.
“If we can find a way to keep ICE from going into hospitals while people are recovering from injuries and surgeries, we want to keep them out of hospitals. If we can keep them out of courts and areas around the courts, if we can do that properly, I would love to do that,” Welch said.
Welch added that he wants to ensure that any new policies “have teeth, that they’re substantive, and that they’re enforceable.” The Supremacy Clause of the U.S. Constitution generally prevents states from regulating the federal government.
Federal officials denied
On Friday, U.S. Sens. Dick Durbin and Tammy Duckworth, both Democrats, attempted to visit the Broadview ICE facility but were denied entry. U.S. Rep. Raja Krishnamoorthi’s visit on Monday was also denied, according to a video posted to the Schaumburg Democrat’s social media.
This comes several weeks after Democratic members of Illinois’ congressional delegation were denied access to the same facility and saw a scheduled meeting with Department of Homeland Security officials canceled.
Read more: As Illinois congressional delegation seeks answers, ICE cancels meeting
Generally, federal law allows members of Congress the ability to conduct oversight visits to federal buildings, although a DHS policy change and repeated denials of entry caused several members of Congress to sue for their right to visit facilities like Broadview. No Illinois officials are plaintiffs in that case.
“It’s clear President Trump wanted to deploy our nation’s military to Illinois, with no legal basis, to spread fear and sow chaos. There is no rebellion or insurrection happening in our state,” Durbin, one of the most senior lawmakers in Washington, said in a statement Monday.
(Reporting by Andrew Adams, Capitol News Illinois)
Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
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