(CHICAGO) — The state of Illinois and city of Chicago filed a lawsuit Monday morning seeking to block President Donald Trump’s federalization and deployment of the National Guard.
“The American people, regardless of where they reside, should not live under the threat of occupation by the United States military, particularly not simply because their city or state leadership has fallen out of a president’s favor,” the complaint said.
The foundational principle separating the military from domestic affairs is “in peril” as President Trump seeks to deploy the National Guard to cities across the country, lawyers for Illinois and Chicago wrote in a lawsuit.
The plaintiffs’ attorneys are asking a federal judge to issue an order blocking any state’s National Guard from being federalized and deployed to Illinois, arguing the state is being targeted because its “leadership has fallen out of a president’s favor.”
“There is no insurrection in Illinois. There is no rebellion in Illinois. The federal government is able to enforce federal law in Illinois. The manufactured nature of the crisis is clear,” according to the 69-page complaint.
Attorneys for Illinois and Chicago argue that Trump has failed to justify taking over the National Guard based on federal law — which allows a federalization in response to a rebellion or invasion — and violates the Posse Comitatus Act prohibiting the use of the military in domestic law enforcement.
“Defendants’ unlawful deployment of the Illinois National Guard, over the objection of the state, is similar to the unlawful course of conduct they have taken against other disfavored states and cities,” the complaint said.
The lawsuit cites Trump’s social media posts about sending militarized law enforcement to Chicago — including a post in which he said, “I love the smell of deportations in the morning” — and his recent comments about using Democratic-led cities “as training grounds for our military.”
This is a developing story. Please check back for updates.
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