New: 7th Circuit Grants Trump Admins Request for

The Trump administration notched another partial win on the National Guard entrance on Saturday, this one involving the state of Illinois. The 7th Circuit Court of Appeals granted a partial administrative (momentary) keep 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 ship the Guard to the Land of Lincoln, the lawsuits had been 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: ninth Circuit Presses Pause on TRO Issued by Oregon Judge re: National Guard

The State of Illinois and City of Chicago filed go well with difficult that invocation, and on Thursday, Northern District of Illinois Judge April Perry issued a momentary 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, very similar to its ninth Circuit counterpart, issued an administrative keep as to the portion of the TRO relating to the federalization of the Guard, but not as to the deployment, while it considers the administration’s movement for a keep 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 having the ability to really 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 keep in half, that means the president is allowed to federalize the National Guard in Illinois. The appeals court, however, denied the administration’s request to give you the chance to deploy the National Guard. Unless additional ordered by the court to do so, troops don’t need to return to their home states, the order also reads.

The 7th Circuit order itself is kind of transient (only one web page!) and reads in pertinent half: 

IT IS ORDERED that appellants’ request for an administrative keep is GRANTED as to the federalization of the National Guard and DENIED as to the deployment of the National Guard. Pending a choice on the request for a keep pending appeal, the district court’s October 9, 2025, order is quickly STAYED only to the extent it enjoined the federalization of the National Guard of the United States within Illinois. Members of the National Guard don’t need to return to their home states unless additional ordered by a court to do so.

So, again, this is a win for the administration, albeit one of a partial/momentary nature. The 7th Circuit will possible set oral argument on the administration’s request for a keep pending appeal, as did the ninth Circuit. And we’ll await to see how each of these appellate courts in the end guidelines on the issue. 

CrimsonState will, of course, report on any additional developments of observe. 

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