A deployment was already underway Thursday, with troops reporting to the ICE facility in Broadview to provide security that the Trump administration says is necessary.
The judge cited several points as her reasoning with siding with lawyers for the state of Illinois. She says DHS' own internal communications seem to say that local law enforcement is doing a good enough job security the area outside the Broadview facility. She also cites the decision by federal prosecutors to drop charges against four protesters arrested at the site. She says that casts doubt on the credibility of DHS to ask for more protection.
"She did not believe the testimony through affidavits of the federal officials who said, who were painting a picture evidently of violence in the streets," ABC 7 Chief Legal Analyst Gil Soffer said. "She just simply didn't believe it."
In a post on social media after the ruling, Governor JB Pritzker said, "Donald Trump is not a king - and his administration is not above the law. Today, the court confirmed what we all know: there is no credible evidence of a rebellion in the state of Illinois. And no place for the National Guard in the streets of American cities like Chicago."
"This ruling is a win for the people of Chicago and the rule of law," Mayor Brandon Johnson said in a social media post. "Judge Perry echoed many of the points that we have made repeatedly: Trump's deployment is illegal, unconstitutional, dangerous, and unnecessary. There is no rebellion in Chicago. There are just good people standing up for what is right... The judge established that the Trump administration is unreliable. They lie, misrepresent, and put people in danger... We will continue to use all of the tools at our disposal to end the Trump administration's war on Chicago."
The ruling came down. as Texas National Guard members neared the end of their first full day in Broadview. Anti-ICE protesters reacted cautiously
"I'm glad for the short term win," protester Katie Slivovsky said. "I think we're all concerned about the long term here and what's going to happen."
The Trump administration is planning an appeal. The White House said, "President Trump will not turn a blind eye to the lawlessness plaguing American cities and we expect to be vindicated by a higher court."
The administration is in fact looking to expand ICE operations in the area. On Thursday, DHS Secretary Kristi Noem confirmed her department is purchasing more buildings in the Chicago area.
National Guard troops already stationed at Broadview ICE facility
A spokesperson for the Village of Broadview said three vans carrying about 45 Texas National Guard soldiers arrived on Wednesday night.
"We let them sleep undisturbed. We hope that they will extend the same courtesy in the coming days to Broadview residents who deserve a good night's sleep, too," the spokesperson said.
500 troops, arrived this week at a U.S. Army Reserve Center in Elwood. All troops are under the Northern Command and have been activated for 60 days.
At the request of Broadview police, the Unified Command was established to coordinate safety measures around the ICE facility in Broadview.
SEE ALSO | Chicago federal intervention: Tracking surge in immigration enforcement operations | Live updates
"The Unified Command is setting up designated areas where people can safely exercise their rights, which will support the safety of the public, and ensure vehicular traffic can safely access the roads in the area," Illinois State Police said in a statement.
The designated protest area is on the sidewalks of Beach Street.
Hours-long federal court hearing weighs Trump's deployment of National Guard troops
The court hearing began earlier Thursday, where U.S. District Judge April Perry heard arguments over a request to block the deployment of Illinois and Texas Guard members. Illinois Gov. JB Pritzker and local officials strongly oppose the use of the Guard.
Chicago and Illinois on Monday filed a lawsuit to stop the deployments, calling them unnecessary and illegal. Trump, meanwhile, has portrayed Chicago as a lawless "hellhole" of crime, though statistics show a significant recent drop in crime.
Judge partially grants blockage of troop deployments in Illinois
In a court filing in the lawsuit, the city and state say protests at a temporary ICE detention facility in the Chicago suburb of Broadview have "never come close to stopping federal immigration enforcement."
"The President is using the Broadview protests as a pretext," they wrote. "The impending federal troop deployment in Illinois is the latest episode in a broader campaign by the President's administration to target jurisdictions the President dislikes."
The Republican president said Wednesday that Chicago Mayor Brandon Johnson and Pritzker, both Democrats, should be jailed for failing to protect federal agents during immigration enforcement crackdowns.
Thursday's hearing went on for more than three hours, as attorneys for the state of Illinois and the Department of Justice argued their respective positions on why the the president should or should not be allowed to federalize National Guard troops in Illinois.
Justice Department attorney Eric Hamilton argued that President Trump's deployment of the National Guard in Illinois is "lawful," because, "It is enough that there is a danger of a rebellion... which there is."
The federal government's argument cites allegations of violence against border patrol agents at Broadview's ICE facility, as well as elsewhere in Chicago over the last several weeks as federal officials have carried out the immigration enforcement operation known as Midway Blitz. Saying they need the troops to protect federal property and federal agents in order to enforce the law.
Attorneys for the state rejected those claims, calling on Judge Perry to grant their request for an emergency restraining order, even as National Guard troops have already been sighted in Broadview.
Representing the Attorney General's Office, Christopher Wells said, "What the president has done to Illinois is illegal and lawless....and untethered from reality."
Judge Perry honed in on those questions, calling the government's attorney out on a variety of issues, including claims that a planned troop deployment to the federal courthouse where Thursday's hearing took place was requested by officials.
That is something Chief Judge Virginia Kendall disavowed in a statement, asking, "What if the DHS folks are not tethered to reality?...Relying on completely invalid evidence...Does that matter?" adding that, based on the government's responses regarding the size and scope of the deployment, "I don't see any guard rails."
To which Hamilton acknowledged, "This is a dynamic situation. That could change. Protection of our property and personal is of the highest priority."
He attempted, but did not entirely walk away from the president's repeated public statements that the guard would be used to combat crime and illegal immigration in Chicago.
Mayor Brandon Johnson, who briefly attended the proceedings, spoke upon his departure prior to the judge's decision to grant a temporary TRO.
"Now he's saying it has nothing to do with crime," Johnson said. "It has nothing to do with immigration, and then they won't respect the court enough and the rule of law to be able to provide very specific parameters and a frame for why they even want to be here."
War of words continues between Trump, Pritzker and Johnson
The war of words between President Trump and Mayor Johnson and Governor Pritzker seems stuck in a never-ending cycle. Thursday, the sparks continued to fly over Chicago crime and the National Guard.
The governor and the mayor continued their barrage of criticism against the president and his deployment of the National Guard, even while the legality of that is being argued in court. And the president fired another salvo Thursday about Chicago crime.
War of words continues between Trump, Pritzker and Johnson
The Texas National Guard is now in Illinois, but their actual mission still remains unclear, and could be limited or cut short all together by a federal judge.
"Brave women and men who sign up to serve and defend democracy, they don't sign up with the idea that they would be unleashed on their own neighbors," Johnson said.
Mayor Johnson stood Thursday with educators and other elected leaders outside a Logan Square School, where last Friday communities members stood up to ICE agents seen nearby. It was a situation that escalated when the agents tossed tear gas canisters into the middle of a busy street a half a block from the school.
"A 6-year-old should not have to know what a tear gas canister is, and a sixth grader should not be too afraid to come to school because she believes that ice will bust down our doors," Funston Elementary School teacher Maria Heavener said.
Mayor Johnson is accusing the president of declaring war on Chicago.
"It's something going on in the side of that head of President Trump, and his soul is deeply lost," Johnson said.
President Trump during a Cabinet briefing Thursday continued to criticize Chicago about crime, despite murders and shootings being down significantly this year.
"I looked at crime numbers in Chicago. They're through the roof, and I have a governor who stands up every day and tells us how wonderful Chicago is," Trump said. "I don't trust a lie. It's like a con job."
Governor Pritzker said the reason for sending in the National Guard seem to keep changing, and remains suspect.
"Even after all the claims that this was about protecting facilities and people, because he started with he wants to deploy people because of crime, which is ludicrous, right? We're not even in the top 25 cities for violent crime," Pritzker said. "We've seen at every turn that they've tried to militarize our cities... Look at what ICE and CBP are doing. They're wearing fatigues. They're carrying long guns, automatic weapons. They're coming to downtown. Come on downtown Chicago, Michigan Avenue. What is the purpose of that? It's all a show."
Other National Guard court hearings
Also Thursday, a panel of judges in the 9th U.S. Circuit Court of Appeals was scheduled to hear arguments over whether Trump had the authority to take control of 200 Oregon National Guard troops. The president had planned to deploy them in Portland, where there have been mostly small nightly protests outside an ICE building. State and city leaders insist troops are neither wanted nor needed there.
The nearly 150-year-old Posse Comitatus Act limits the military's role in enforcing domestic laws. However, Trump has said he would be willing to invoke the Insurrection Act, which allows a president to dispatch active duty military in states that are unable to put down an insurrection or are defying federal law.
Associated Press writers Sudhin Thanawala, Gene Johnson and Konstantin Toropin contributed to this report.