The justices declined the Republican administration’s emergency request to overturn a ruling by U.S. District Judge April Perry that had blocked the deployment of troops. An appeals court also had refused to step in. The Supreme Court took more than two months to act.
Three justices — Samuel Alito, Clarence Thomas and Neil Gorsuch — publicly dissented.
“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,” the high court majority wrote.
Justice Brett Kavanaugh said he agreed with the decision to keep the Chicago deployment blocked, but would have left the president more latitude to deploy troops in possible future scenarios.
Democratic Illinois Gov. JB Pritzker applauded Tuesday’s decision as a win for the state and country.
“American cities, suburbs, and communities should not have to faced masked federal agents asking for their papers, judging them for how they look or sound, and living in fear that the President can deploy the military to their streets,” he said.
“Nothing in today’s ruling detracts from that core agenda. The Administration will continue working day in and day out to safeguard the American public,” she said.
Alito and Thomas said in their dissent that the court had no basis to reject Trump’s contention that the administration needed the troops to enforce immigration laws. Gorsuch said he would have narrowly sided with the government based on the declarations of federal law enforcement officials.
The administration had initially sought the order to allow the deployment of troops from Illinois and Texas, but the Texas contingent of about 200 National Guard troops was later sent home from Chicago.
Last month, authorities arrested 21 protesters and said four officers were injured outside the Broadview facility. Local authorities made the arrests.
The Illinois case is just one of several legal battles over National Guard deployments.
District of Columbia Attorney General Brian Schwalb is suing to halt the deployments of more than 2,000 guardsmen in the nation’s capital. Forty-five states have entered filings in federal court in that case, with 23 supporting the administration’s actions and 22 supporting the attorney general’s lawsuit.
More than 2,200 troops from several Republican-led states remain in Washington, although the crime emergency Trump declared in August ended a month later.
A federal judge in Oregon has permanently blocked the deployment of National Guard troops there, and all 200 troops from California were being sent home from Oregon, an official said.
A state court in Tennessee ruled in favor of Democratic officials who sued to stop the ongoing Guard deployment in Memphis, which Trump has called a replica of his crackdown on Washington, D.C.
In California, a judge in September said deployment in the Los Angeles area was illegal. By that point, just 300 of the thousands of troops sent there remained, and the judge did not order them to leave.
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Associated Press writers Lindsay Whitehurst and Sophia Tareen in Chicago contributed to this story.
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