CHICAGO — President Donald Trump said he’s dropping – for now – his push to deploy National Guard troops in Chicago, Los Angeles and Portland, Oregon, a move that comes after legal roadblocks hung up the effort.
Trump said in a social media post Wednesday that he’s removing the Guard troops for now. “We will come back, perhaps in a much different and stronger form, when crime begins to soar again – Only a question of time!” he wrote.
Troops had already left Los Angeles after the president deployed them earlier this year as part of a broader crackdown on crime and immigration. They had been sent to Chicago and Portland but were never on the streets as legal challenges played out.
The video in the player above is from a previous report.
The Supreme Court earlier this month refused to allow the Trump administration to deploy National Guard troops in the Chicago area to support its immigration crackdown, a significant defeat for the president’s efforts to send troops to U.S. cities.
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.
The high court order is not a final ruling but it could affect other lawsuits challenging President Donald Trump’s attempts to deploy the military in other Democratic-led cities.
“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.
“The Supreme Court essentially has said two things here. It said that the president can federalize deploy the National Guard, but only if the U.S. military has the authority to enforce the laws in question in the first place and otherwise is unable to enforce them. And the Supreme Court is saying these are not the kinds of laws that the U.S. military is generally authorized to enforce,” said ABC7 Chief Legal Analyst Gill Soffer.
The outcome is a rare Supreme Court setback for Trump, who had won repeated victories in emergency appeals since he took office again in January. The conservative-dominated court has allowed Trump to ban transgender people from the military, claw back billions of dollars of congressionally approved federal spending, move aggressively against immigrants and fire the Senate-confirmed leaders of independent federal agencies.
Democratic Illinois Gov. JB Pritzker applauded the 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 President can deploy the military to their streets,” he said.
White House spokeswoman Abigail Jackson, on the other hand, said the president had activated the National Guard to protect federal personnel and property from “violent rioters.”
“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.
The Trump administration has argued that the troops are needed “to protect federal personnel and property from violent resistance against the enforcement of federal immigration laws.”
But Perry wrote that she found no substantial evidence that a “danger of rebellion” is brewing in Illinois and no reason to believe the protests there had gotten in the way of Trump’s immigration crackdown.
Perry had initially blocked the deployment for two weeks. But in October, she extended the order indefinitely while the Supreme Court reviewed the case.
The U.S. Immigration and Customs Enforcement facility in the west Chicago suburb of Broadview has been the site of tense protests, where federal agents have previously used tear gas and other chemical agents on protesters and journalists.
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.
“Every one of these cases, when they come down, can have an impact on other cases, even if they’re not technically binding in another jurisdiction on a different set of facts. And they’re usually not. Nevertheless, the principles behind them will apply. And since this is the Supreme Court ruling here, it’s very consequential. And other courts are going to have to follow its lead,” Soffer said.
Illinois Attorney General Kwame Raoul says the court’s ruling could affect other lawsuits challenging the president’s attempt to deploy the military in other Democrat-led cities.
“We went first before the Supreme Court on this. And so this is an important case not only for the city of Chicago and the state of Illinois, but for the country at large,” Raoul said.
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.
The Trump administration has appealed the California and Oregon rulings to the 9th U.S. Circuit Court of Appeals.
“There’s really no reason to think the government is going to throw up its hands. This is a preliminary ruling. It doesn’t dispose of the case. The government will continue to work this out, I’m sure. Or fight it out on appeal and work its way through the system,” Soffer said.
The Defense department says outside of Illinois, the president has deployed Guard members to Tennessee, Oregon, California and the nation’s capital. But troops are only actively on the streets in Memphis, Los Angeles and Washington, D.C.
Illinois Gov. JB Pritzker issued a statement on the ruling, saying, “Today is a big win for Illinois and American democracy. I am glad the Supreme Court has ruled that Donald Trump did not have the authority to deploy the federalized guard in Illinois. This is an important step in curbing the Trump Administration’s consistent abuse of power and slowing Trump’s march toward authoritarianism.
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 President can deploy the military to their streets. The brave men and women of our National Guard should never be used for political theater and deserve to be with their families and communities, especially during the holidays, and ready to serve overseas or at home when called upon during times of immense need.
While we welcome this ruling, we also are clear-eyed that the Trump Administration’s pursuit for unchecked power is continuing across the country. Illinois will remain vigilant, defend the rights of our people, and stand up to further abuses of authority by Donald Trump and his cronies.”
White House spokesperson Abigail Jackson issued a statement, saying, “The President promised the American people he would work tirelessly to enforce our immigration laws and protect federal personnel from violent rioters. He activated the National Guard to protect federal law enforcement officers, and to ensure rioters did not destroy federal buildings and property. 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.”
Chicago Mayor Brandon Johnson issued a statement, saying, “We welcome the Supreme Court’s ruling to block the deployment of National Guard personnel to the streets of Chicago, rebuking President Trump’s attempts to militarize and demonize our city.
I’ve maintained that these threats are unconstitutional from the very beginning. I am encouraged that the Supreme Court shares this view.
This decision doesn’t just protect Chicago-but protect cities around the country who have been threatened by Trump’s campaign against immigrants and Democratic-led cities.
We moved swiftly to challenge any deployment in court the moment the president first made his threats. My administration will maintain our commitment to protecting Chicagoans from federal overreach and continue to ensure Donald Trump is held accountable before the law.”
A Department of Justice spokesperson issued a statement, saying, “The National Guard has been instrumental in President Trump’s historic efforts to reduce crime and protect federal law enforcement as they execute their duties. This Department of Justice remains committed to enforcing our criminal laws and reversing the prior administration’s trend of crime and decline in America’s major cities.”
Illinois state Rep. and Chairman of the Illinois Freedom Caucus Chris Miller told ABC7 in a statement, “The only people the Supreme Court has ruled in favor of today are illegal immigrants and criminals. JB Pritzker and the Democrats have allowed crime and illegal immigration to rob our citizens of their safety, and their tax dollars. The federal government should intervene by any means necessary. In light of the Christmas season, I would be glad to gift the ‘Republican’ justices in favor of this decision with a spine. I’m sure Santa can get it there by December 25th!”
Associated Press writers Lindsay Whitehurst and Sophia Tareen in Chicago contributed to this story.
ABC7’s Cate Cauguiran contributed to this report.
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