


The Trump administration notched another partial win on the National Guard front on Saturday, this one involving the state of Illinois. The 7th Circuit Court of Appeals granted a partial administrative (temporary) stay of a district court order enjoining the administration from ordering the federalization and deployment of the National Guard of the United States within the state.
Naturally, as soon as the administration announced its intention to send the Guard to the Land of Lincoln, the lawsuits were readied. On October 4, Secretary of War Pete Hegseth invoked "10 U.S.C. § 12406 to federalize and bring under Department of Defense control up to 300 members of the Illinois National Guard, over the objection of the Governor of Illinois (“Federalization Order”), and, on October 5th, another up to 400 National Guard from the State of Texas to deploy into Chicago (“Texas Mobilization Order”)."
RELATED: Illinois Takes a Page From the California/Oregon Playbook As Two Judges Issue National Guard TROs
New: 9th Circuit Presses Pause on TRO Issued by Oregon Judge re: National Guard
On Thursday, Northern District of Illinois Judge April Perry issued a temporary restraining order (TRO) as to both the federalization and the deployment of the Guard in Illinois. The administration immediately appealed, and on Saturday, the 7th Circuit, much like its 9th Circuit counterpart, issued an administrative stay as to the portion of the TRO regarding the federalization of the Guard, but not as to the deployment, while it considers the administration's motion for a stay pending appeal.
A federal appeals court on Saturday partially restored President Trump’s control of the National Guard in Chicago and across Illinois, but prevented him from being able to actually deploy servicemembers in the Prairie State.
The U.S. Court of Appeals for the 7th Circuit granted the Trump administration’s request for an administrative stay in part, meaning the president is allowed to federalize the National Guard in Illinois. The appeals court, however, denied the administration’s request to be able to deploy the National Guard. Unless further ordered by the court to do so, troops do not need to return to their home states, the order also reads.
The 7th Circuit order itself is quite brief (only one page!) and reads in pertinent part:
IT IS ORDERED that appellants’ request for an administrative stay is GRANTED as to the federalization of the National Guard and DENIED as to the deployment of the National Guard. Pending a decision on the request for a stay pending appeal, the district court’s October 9, 2025, order is temporarily STAYED only to the extent it enjoined the federalization of the National Guard of the United States within Illinois. Members of the National Guard do not need to return to their home states unless further ordered by a court to do so.
So, again, this is a win for the administration, albeit one of a partial/temporary nature. The 7th Circuit will likely set oral argument on the administration's request for a stay pending appeal, as did the 9th Circuit. And we'll await to see how each of these appellate courts ultimately rules on the issue.
RedState will, of course, report on any further developments of note.
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