SCOTUS Upholds ICE Restraining Order
- Chris Harden for Congress
- Dec 23, 2025
- 1 min read
Todat, the Supreme Court of the United States (SCOTUS) refused Trumps plea to overturn the lower court’s restraining order blocking his use of the National Guard in Chicago.
Trump’s attorneys argued that because ICE agents have received resistance, sometimes even violent resistance, and obstruction from Chicago residents that 10 U.S.C §12406(3) empowers him to federalize members of the Guard if he is “unable with the regular forces to execute the laws of the United States.”SCOTUS interprets “regular forces” to mean military force; which requires a legal reason for the US Military to be in Chicago in the first place. So before the President can federalize the National Guard under §12406(3), he must have statutory or constitutional authority to execute the laws.
SCOTUS determined that Trump has failed to identify a source of authority that would allow the military to execute the laws in Illinois.
Therefore, the lower court’s restraining order will remain in place.
