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Supreme Court blocks deployment of National Guard to Chicago

2025-12-23 22:04:00, Kosova & Bota CNA

Supreme Court blocks deployment of National Guard to Chicago

The Supreme Court on Tuesday blocked the deployment of the National Guard to Chicago to protect ICE agents.

“At this preliminary stage, the government has failed to identify a source of authority that would allow the military to enforce the laws in Illinois,” the court said in its unsigned order.

Conservative justices Samuel Alito, Clarence Thomas and Neil Gorsuch disagreed with the opinion.

Federal law allows a president to federalize the National Guard when he can no longer enforce the laws of the United States with “regular forces.” During the case, a debate arose over whether the term “regular forces” meant the regular military or all federal agents, such as those working for Immigration and Customs Enforcement.

In its order, the court said the term “potential” refers to the military on active duty. Furthermore, the court said the ability to federalize the guard under the law that Trump sought to invoke “is likely to apply only when the military can legally enforce the laws.” In other words, the court suggested, it does not apply to protecting agents who enforce immigration laws.

“Thus, at least on this stand, the government has not met its burden to show that” the law at issue in this case, “permits the president to federalize the guard in the exercise of its inherent authority to protect federal personnel and property in Illinois,” the court said.

Justice Brett Kavanaugh, a conservative who supported the court's landmark decision, said he would have done so for narrower reasons. He agreed that the term "regular forces" refers to the U.S. military./CNA, translated by CNN





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