Biden Judge Gives Trump 48-Hour Ultimatum Over Chicago Troop Deployment
A Biden-appointed federal judge has given President Donald J. Trump’s administration just 48 hours to justify its decision to deploy National Guard troops to Chicago, intensifying a high-stakes constitutional showdown between the White House and Illinois’ Democratic leadership.
U.S. District Judge April Perry, appointed by President Joe Biden in 2022, issued the order late Monday after Illinois officials filed a lawsuit to block Trump from sending federalized National Guard units into the state. Perry set a Wednesday midnight deadline for the administration’s legal response and scheduled a full hearing for Thursday afternoon.
For now, Judge Perry declined to issue a restraining order, meaning Trump’s plan moves forward. Federal officials confirmed that about 200 Texas National Guard troops would arrive in Chicago by Wednesday morning to assist law enforcement operations in the city’s high-crime neighborhoods.
The lawsuit — led by Illinois Attorney General Kwame Raoul, Governor J.B. Pritzker, and Chicago Mayor Brandon Johnson — claims the deployment amounts to “an unlawful act of political retaliation” against a Democratic stronghold.
“The American people should not live under the threat of occupation by the United States military simply because their city leadership has fallen out of favor with a president,” the filing argues.
But President Trump defended his decision as both lawful and necessary, invoking his authority under the Insurrection Act to maintain order and support federal law enforcement in the nation’s most violent cities.
“We have an Insurrection Act for a reason,” Trump told reporters. “If people are being killed and courts or governors are holding us up, I won’t hesitate to use it.”
The president’s comments came amid growing unrest in Chicago, including violent clashes between Border Patrol agents and protesters outside an immigration processing facility on the city’s southwest side.
Homeland Security Secretary Kristi Noem described Chicago as “a war zone,” saying federal intervention became necessary after local and state officials “utterly failed” to keep citizens safe.
Illinois Democrats immediately fired back.
“This administration is following a playbook — cause chaos, create fear, and then claim justification to send in troops,” Pritzker claimed Tuesday. “We will not allow Illinois to be used as a prop for Donald Trump’s campaign.”
Attorney General Raoul went further, accusing Trump of abusing his power.
“There is no insurrection in Chicago,” he said. “There is only a president abusing his power.”
But chaos on the streets continues to tell a different story. On Monday night, federal agents used pepper balls and tear gas to disperse crowds outside the ICE facility in Broadview, arresting more than a dozen demonstrators who blocked access roads. Pritzker accused ICE of “thuggery” and “excessive force,” alleging that some detained individuals were U.S. citizens.
Noem fired back sharply.
“Grow up and start protecting the people of your own state,” she said. “Federal law enforcement is stepping in because Illinois officials refuse to act.”
The White House emphasized that the operation is temporary and focused solely on public safety.
“This is about safety, not politics,” Press Secretary Karoline Leavitt said. “President Trump will always stand with law enforcement and the American people.”
Legal experts say the case could become a landmark test of executive power.
“If the court limits Trump’s authority here, it could restrict future presidents from deploying federal troops domestically,” said Harvard Law professor Alan Dershowitz. “If it upholds the move, it reaffirms very broad executive discretion under the Insurrection Act.”
For now, Judge Perry’s order remains in effect, giving the Trump administration until 11:59 p.m. Wednesday to file its defense. The Justice Department is expected to argue that the deployment clearly falls within the president’s Article II powers to enforce federal law.
Despite the legal threats, President Trump remains defiant.
“We’re going to keep Chicago safe,” he told reporters Tuesday night. “They can sue all they want — we’re enforcing the law and protecting Americans.”