National Guard can stay in Illinois but cannot patrol, judge rules

A judge ruled Saturday that National Guard troops sent to Illinois by President Donald Trump to fight crime can stay in the state but cannot patrol or deploy to protect federal property.

The Trump administration had requested an emergency reprieve after U.S. District Judge April Perry on Thursday blocked the deployment of National Guard troops to Chicago and Illinois for at least two weeks.

Perry said there was no evidence of a “danger of rebellion” in the state, as Trump suggested he could invoke the Insurrection Act, which would mean the federal government could send troops to states that defy federal laws or fail to quell an insurrection.

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Illinois State Police stand guard as people, including members of the Coalition for Spiritual and Public Leadership (CSPL), gather outside a U.S. Immigration and Customs Enforcement center in Broadview, Illinois, on Saturday. (AP Photo/Adam Gray)

“I would do it if it was necessary. So far it hasn’t been necessary. But we have an insurrection law for a reason,” Trump told reporters in the Oval Office on Monday.

The Insurrection Act was last invoked in 1992, during the Los Angeles riots.

“There is no evidence that civil power has failed,” Perry said. “Agitators who violated the law by attacking federal authorities have been arrested. The courts are open and marshals are ready to ensure that prison sentences are carried out. Using the military to enforce the laws is not necessary.”

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A protester wearing a face covering with an American flag stands in front of Cook County Sheriffs outside an ICE facility in Broadview, Illinois, on Saturday. (AP Photo/Adam Gray)

She added: “Even Alexander Hamilton could not have imagined that one state’s militias would be used against residents of another state because the president wants to punish those who hold views other than his.”

On Saturday, the federal judge, in granting a temporary restraining order, blocking the troop deployment until further arguments could be heard, wrote: “Members of the National Guard need not return to their home states unless a court orders further action,” according to the court order obtained by Fox News Digital.

A judge ruled Saturday that National Guard troops sent to Illinois by President Donald Trump can stay but cannot patrol or deploy to protect federal property. (Shawn Thew/EPA/Bloomberg via Getty Images)

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Besides Chicago, Trump also sent federal troops to Los Angeles, Washington, D.C. and Memphis.

The Associated Press contributed to this report.