U.S. District Judge April Perry granted a temporary restraining order Thursday evening blocking the Trump administration from federalizing and deploying National Guard troops within Illinois.

Judge Perry found that the Trump administration failed to meet the legal requirements for deploying federal troops. The order prevents defendants from “ordering the federalization and deployment of the National Guard of the United States within Illinois” and expires on October 23, 2025.

Notably, the order explicitly states that President Trump himself “is not enjoined by this Order,” though it applies to other administration officials, including Defense Secretary Pete Hegseth, Homeland Security Secretary Kristi Noem, and Army Secretary Daniel Driscoll.​

Perry found the Department of Homeland Security’s assessment of conditions in Chicago to be “unreliable” and ruled there was no credible evidence of an organized rebellion in Illinois, despite protests and some assaults against federal agents. The judge determined that the Trump administration’s claims about local law enforcement being unable to handle the situation were unfounded.

The state of Illinois and the city of Chicago filed suit on Monday, October 6, challenging the administration’s deployment of approximately 500 National Guard troops, 300 from Illinois and 200 from Texas, to the Chicago area. The lawsuit argued that the deployment violated federal law, the Constitution, and the Posse Comitatus Act, which generally prohibits using military forces for domestic law enforcement.

The administration invoked 10 U.S.C. § 12406, a rarely used statute that allows the president to federalize state National Guard troops under three specific circumstances: foreign invasion, rebellion against the federal government, or when the president is unable to execute federal laws with regular forces.​

However, Judge Perry found that none of these prerequisites were met. The court noted that federal grand juries had refused to indict numerous protesters arrested outside the Broadview ICE facility, casting “significant doubt” on the administration’s credibility regarding the situation on Chicago streets.

The court scheduled a telephone hearing for October 22, 2025, at 9:00 AM to determine whether the temporary restraining order should be extended for an additional 14 days. Illinois and Chicago must post a nominal $100 bond within two calendar days of the order.​

The federal government’s request to stay the temporary restraining order was denied by Judge Perry. During the hearing, Department of Justice officials could not confirm that troops would be limited only to protecting federal personnel and property, raising concerns about the scope of their potential duties.