State of Illinois and the City of Chicago v. Donald J. Trump, et al.

On October 4, 2025, President Donald Trump

invoked his authority under 10 U.S.C. § 12406 to federalize

and deploy members of the National Guard within Illinois,

over the objection of the state's Governor. He asserted that de-

ploying the Guard in the state was necessary to quell violent

assaults against federal immigration agents and property. The

State of Illinois and the City of Chicago promptly sued

President Trump and members of his administration, arguing

that none of the statutory predicates for federalizing the

Guard under § 12406 had been met, and that the federaliza-

tion also violated the Tenth Amendment and the Posse Comi-

tatus Act, 18 U.S.C. § 1385.



The district court granted plaintiffs' request for a tempo-

rary restraining order, enjoining the administration from fed-

eralizing and deploying the Guard within Illinois. In the dis-

trict court's view of the factual record, neither of the predicate

conditions for federalization proffered by the administration

was present in Illinois: There was insufficient evidence of re-

bellion or a danger of a rebellion, 10 U.S.C. § 12406(2), nor was

there sufficient evidence that the President was unable with

the regular forces to execute the laws of the United States, see

id. § 12406(3). The administration immediately appealed and

moved for a stay of the order pending appeal.



Because we conclude that the district court's factual find-

ings at this preliminary stage were not clearly erroneous, and

that the facts do not justify the President's actions in Illinois

under § 12406, even giving substantial deference to his asser-

tions, we deny the administration's motion for a stay pending

appeal except to the extent we continue our stay of the portion

of the order enjoining the federalization of the Guard.

We reiterate that, because of the procedural posture of this

appeal, our conclusions are preliminary and based on our re-

view of the limited record before the district court. The issues

presented are necessarily fact bound, and it is possible that

events could transpire that satisfy one of § 12406’s factual

predicates. But even with the benefit of considerable defer-

ence to its judgments, the administration has not shown that

is true today.



Because we conclude that the factors weigh against a stay

of the deployment order pending appeal, IT IS ORDERED

that the motion to stay pending appeal is GRANTED in part

and DENIED in part. We continue to STAY the district court’s

October 9, 2025, order only to the extent it enjoined the feder-

alization of the National Guard within the state. The admin-

istration remains barred from deploying the National Guard

of the United States within Illinois.