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WASHINGTON, D.C. – America First Legal (AFL), in partnership with Boyden Gray PLLC, has filed an amicus brief in the U.S. Court of Appeals for the Seventh Circuit supporting President Trump’s constitutional and statutory authority to federalize the Illinois National Guard, protect federal officers, and restore order in Chicago.
This filing continues AFL’s fight to defend the rule of law—urging the appellate court to reverse the district court’s unlawful decision that blocked the President from exercising powers explicitly granted to him by the U.S. Constitution and Congress. The states long ago ceded to the federal government the authority “to call forth the Militia to execute the Laws of the Union.” Courts have no role in second-guessing that constitutional command.
The facts on the ground remain unchanged. On September 27, thirty U.S. Immigration and Customs Enforcement (ICE) officers in Chicago were surrounded by protesters. When they called for assistance, a police dispatcher said that “no units would respond.” A few days later, on October 3, nearly 200 protesters gathered outside the Broadview ICE facility, leading to multiple arrests—including two for aggravated battery of police officers. Chicago’s own officials have acknowledged that protesters are “breaking the law.” Yet Illinois continues to claim speculative “harm” while federal officers face real and immediate danger.
The Constitution and federal law are clear: the President has full authority under 10 U.S.C. § 12406 to call the National Guard into service when “regular forces” cannot execute the laws of the United States. States cannot claim a Tenth Amendment injury over powers they do not already possess. As AFL’s brief explains, the district court’s reasoning makes little sense—because the Constitution explicitly assigns this authority to Congress and the president, not to the states or the judiciary.
By purportedly blocking the exercise of that authority, the lower court undermined both the President’s duty to protect federal personnel and the public’s interest in national security. AFL’s brief urges the Seventh Circuit to stay the district court’s order and reaffirm the constitutional separation of powers between the executive, legislative, and judicial branches.
“The President’s authority to act in defense of federal officers and property is clear, lawful, and necessary,” said Gene Hamilton, President of America First Legal. “The courts must not stand in the way of the Commander in Chief’s constitutional duty to protect Americans and enforce the law.”
Read the full brief here.
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