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On Friday, the administration filed an emergency request to the federal top court, seeking clearance to send national guard troops to the state of Illinois.

This move is part of a larger push to widen the internal deployment of the armed forces in several urban centers under Democratic control.

Judicial Challenge Over Guard Activation

In an urgent petition, the US Department of Justice asked the judiciary to overturn a earlier court order that had stopped the sending of a few hundred state guard troops to the greater Chicago.

The federal judge had expressed skepticism about the government's explanation for sending troops, challenging its explanation in given local conditions.

A higher court upheld the lower court’s decision on midweek, maintaining the activation on standby while the legal challenge moves forward.

Administration's Justifications

The solicitor general, acting for the government, wrote in the new filing that government officers have repeatedly been “menaced and attacked” in downtown Chicago and the neighboring town of Broadview.

This site is home to an federal immigration detention facility.

The commander-in-chief has earlier sent military reserve forces to the Windy City and Portland, Oregon, subsequent to previous deployments to LA, the city of Memphis, and Washington, District of Columbia.

The president has argued that troop deployment is necessary to curb unrest and strengthen immigration enforcement.

Partisan Opposition

Elected Democrats have pushed back sharply the action, claiming that the White House's statements are greatly exaggerated and partisan in nature.

They allege the president of misusing his power to retaliate against critics.

Judges have also expressed doubt about the government's portrayal of the situation.

Local leaders say that rallies over immigration enforcement have been primarily modest and peaceful, contrasting with the former president's portrayal of “combat area” situations.

Legal Basis

At the center of the conflict is the president’s use of a national law allowing the commander-in-chief to nationalize the national guard only in cases of rebellion or when “incapable with the federal troops to carry out the regulations of the US”.

The White House argues that the troops are necessary to protect US facilities and officers from protesters.

Latest Events

In recent weeks, the administration nationalized 300 members of the state guard of Illinois and ordered more Texas-based troops into the state.

As local leaders criticized the move, the president intensified his language, calling on the apprehension of the city's leader and the Illinois governor, the two Democratic officials, accusing them of not managing to safeguard federal agents.

State authorities and the city of Chicago jointly sued the administration to halt the activation.

On 9 October, the presiding federal judge, a Biden appointee, handed down a immediate block stopping the order.

Regional Situations

At the same time in the Chicago area, at least eleven people were arrested outside the federal detention center following intense clashes between Illinois state police and protesters.