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Supreme Court tells Trump he can’t use the military to police Chicago

December 23, 2025
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Supreme Court tells Trump he can’t use the military to police Chicago
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Residents and protesters clash with federal agents in the East Side neighborhood after tear gas was detonated on October 14, 2025 in Chicago, Illinois.Joshua Lott/The Washington Post/Getty

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The Supreme Court blocked President Trump on Tuesday from deploying National Guard troops in Chicago as part of his campaign to use the military to police the streets of Democratic-led cities.

The Trump administration had argued that Chicago was in chaos—referring to protests against immigration enforcement—but the Supreme Court’s order reads, “At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois.”

In October, Trump called 300 members of the Illinois National Guard into federal service to protect federal agents enforcing immigration policies in Chicago under a federal law that allows the president to federalize members of the Guard if they are “unable with the regular forces to execute the laws of the United States” or if “there is a rebellion or danger of a rebellion.” He federalized members of the Texas National Guard the next day. 

The state of Illinois and the city of Chicago challenged the deployment in court, arguing that Trump abused that federal law to punish his political opponents. 

Lower courts ruled against Trump. On October 9, U.S. District Judge April Perry said she “found no credible evidence that there is a danger of rebellion” and issued a temporary restraining order in favor of the state.

The Supreme Court agreed with the decision, saying that the president can only call on the National Guard if regular military forces couldn’t restore order.  

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented. 

“There is no basis for rejecting the President’s determination that he was unable to execute the federal immigration laws using the civilian law enforcement resources at his command,” Alito wrote.

Trump has also tried to deploy the National Guard in Washington, D.C., Los Angeles, and Portland. 

A federal appeals court ruled last week that the National Guard deployment in Washington can continue, but a federal judge blocked Trump from sending the National Guard to Portland in November, and another judge ordered the National Guard to leave Los Angeles earlier this month.

The Trump administration has often gone to the Supreme Court for help when its policies have been blocked by lower courts. In this case, Trump is trying to normalize military policing of protests against him. 

This is the first time the high court has weighed in on the president’s use of the National Guard to enforce immigration policies. While the decision only applies to Illinois, it will likely support similar challenges from other cities.



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