Supreme Court keeps Trump's National Guard deployment blocked in the Chicago area, for now

WASHINGTON — The Supreme Court on Tuesday 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 block the Chicago deployment, but would have left the president more latitude to deploy troops in possible future scenarios.

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.

''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.

The White House did not immediately respond to an email message seeking comment.

In a dissent, Alito and Thomas said the court had no basis to reject Trump's contention that the administration was unable to enforce immigration laws without troops. 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.''

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.

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.

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.

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