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CNI

Appeals court allows federalization of troops but says they can’t be deployed

Protests continue in Broadview as members of Congress are turned away from immigration facility

Andrew AdamsbyAndrew Adams
October 13, 2025
in Courts
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A group of protestors shout slogans and obscenities at immigration officials and National Guard troops in Chicago. (Capitol News Illinois photo by Andrew Adams)

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Article Summary

  • A federal appeals court upheld a lower court’s temporary order barring President Donald Trump’s administration from deploying National Guard troops in Illinois without the governor’s approval.
  • Protests continue in Broadview, where local and state police make arrests in an effort to keep the peace between demonstrators and federal officials.
  • Lawmakers in Springfield are considering legislative responses to the situation but want to ensure that any new policies “have teeth” and are enforceable.

This summary was written by the reporters and editors who worked on this story.

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.

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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.


man in military fatigues

A man in military fatigues walks outside an Immigration and Customs Enforcement facility in Broadview on Oct. 9. National Guard troops were deployed to the facility earlier in the day. (Capitol News Illinois photo by Andrew Adams)

“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.

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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.

 

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.

Tags: April PerryBroadviewChicagoCiceroDick DurbinDonald TrumpElizabeth “Lisa” HernándezEmanuel “Chris” Welchfederal deploymentHillsideJB PritzkerKimberly LightfordMaywoodNorma HernandezRaja KrishnamoorthiSchaumburgSpringfieldTammy Duckworth
Andrew Adams

Andrew Adams

Data and Interactives JournalistAndrew Adams joined the Illinois Answers team in 2025 as a data and interactives journalist. Andrew previously worked for Capitol News Illinois, covering the energy industry, economic incentive programs and legislative issues affecting Chicagoland. Previously, he built a data beat for a national magazine covering the tech industry, conducted academic research into gun violence in downstate Illinois, and worked on an award-winning series analyzing the effects of stimulus programs during the pandemic. He holds degrees from the Illinois Institute of Technology and the University of Illinois Springfield.

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Appeals court allows federalization of troops but says they can’t be deployed

by Andrew Adams, Capitol News Illinois
October 13, 2025

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