Legality of Federal Troops in Oregon in Illinois in Question

Christine Bowen
By Christine Bowen
October 11, 2025
Legality of Federal Troops in Oregon in Illinois in Question

Tensions are escalating in Portland and Chicago as the Trump administration pushes through with its plans to deploy National Guard troops in both major metro areas. As of late Thursday, parties on both sides of the argument for the deployment were waiting for a court decision in Oregon that could decide if the troops stay or go. Meanwhile, an Illinois court has granted a temporary restraining order blocking the deployment. Here is the latest news on this story.

Fate of National Guard Troops in Chicago and Portland Hangs in the Balance

President Donald Trump and local leaders in Illinois and Oregon spent the day Thursday waiting to see what the courts decide about the legality of keeping National Guard troops patrolling the streets of Portland and Chicago. The cases could set precedents for future federal intervention in the business of local law enforcement. City and state leaders in the heavily Democratic strongholds of Portland and Chicago assert that the president is overstepping his authority with the deployments. Both sets of state leaders have taken the issue to the courts, arguing that the deployments should be blocked.

Texas guardsmen have been on the ground across the Chicago metro area, carrying out orders to protect ICE law enforcement officials and other federal personnel. The National Guard troops are not serving in Oregon yet, as several court orders have recently blocked this deployment.

Protestors are on the scene outside ICE facilities in Portland as well as at the building in the Chicago suburb of Broadview. The White House continues to say that the federal troops are necessary to keep the peace in these cities. Conversely, local leaders in both cities say that there is no need for the troops.

Lastly, National Guard troops are scheduled to arrive in Memphis on Friday. Memphis Mayor Paul Young is calling on residents of the city to rise to the challenge of fighting crime. Young said that the troops will simply serve as "extra eyes and ears" but will refrain from making arrests or issuing warrants. The mayor is framing this federal presence as different from the takeovers ordered in Washington, D.C.

Where the Court Cases Stand

Late Thursday, a federal judge in Illinois granted a temporary restraining order that blocked Trump’s deployment of National Guard troops in the state for at least 14 days. U.S. District Court Judge April Perry ruled that she has seen "no credible evidence" pointing to a rebellion. Perry, a Biden appointee, went on to say that the evidence shows that the continued deployment could create civil unrest and "add fuel to the fire."

Conversely, the federal government asserts that the violent actions by the protestors present a danger of rebellion against authorities. Perry confirmed that she will issue a written order on Friday after offering the oral ruling on Thursday.

The presiding judge defended the ruling by detailing that there have never been over 200 protestors at the ICE facility in Broadview, compared to about 100 state and local police officers. She also noted that the use of chemical agents against protestors was often arbitrary.

There are no details about where the National Guard will be during this time of limbo. Illinois Attorney General Kwame Raoul confirmed that the soldiers are welcome to remain in the state as private citizens; however, he did not specify the next steps.

Meanwhile, residents of Oregon are waiting for an appeals court ruling on the legality of deploying the National Guard troops to Portland, Oregon. A three-judge panel at the Ninth Court of Appeals was hearing this case on Thursday. Legal experts believe that the outcome of this case could depend on past instances of violence at Portland's ICE facility, rather than what is currently happening on the ground.

Oregon’s attorney Stacy Chaffin argued on Thursday that the president is erroneous in his claims that Portland is a war-torn city. She noted that the recent protests at the ICE facility have been "generally peaceful." However, Judge Ryan Nelson countered that statement, saying that some of the protests had grown bigger and more volatile.

The state of Oregon is arguing that they have enough local and federal law enforcement to handle the current scope of the protests. State officials also claim that Trump deployed the troops retroactively, using past protests as justification.

The panel has not indicated when it will reach a decision. Should the court rule in favor of Trump, a separate court order in effect through October 19 will prohibit the troops from being deployed to Portland. 

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