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Illinois v. Trump (2025 Natl Guard, Appeal)

No. 25-2798 Circuit · Decided
District
Court
7th Cir.
ca7
Decided
Jan 22, 2026
Filed
Oct 10, 2025
Filed (CL)
Oct 10, 2025
CL Status
Terminated

appellate review Appellate Stay burglary First Amendment Fourth Amendment IRAC (Issue, Rule, Application, Conclusion) jury trial right Kavanaugh Stops mens rea National Guard federalization Presidential Power over the National Guard temporary restraining order preliminary injunction

Legal Issues

appellate reviewAppellate StayburglaryFirst AmendmentFourth AmendmentIRAC (Issue, Rule, Application, Conclusion)jury trial rightKavanaugh Stopsmens reaNational Guard federalizationPresidential Power over the National Guardtemporary restraining orderpreliminary injunction

The Law · How the Case Works

Overview

Overview

The case involves charges against Donald Trump for racketeering, solicitation of violation of oath by a public officer, and multiple conspiracies related to efforts to pressure Georgia officials to alter the 2020 vote count. As of November 17, 2025, the case was at a critical stage after the prior prosecutor was removed by the Court of Appeals due to an appearance of impropriety. On November 14, 2025, a new pro tem prosecutor, Peter Skandalakis, was appointed to carry the case forward, with presidential immunity considered unlikely because the acts were campaign-related rather than official duties.

Overview

The government appealed Judge Perry's temporary restraining order which prevents the Trump administration from federalizing and deploying National Guard troops within Illinois.

The Facts

Facts

President Trump signed executive orders in January and February 2025 directing federal agencies to condition grants on jurisdictions' cooperation with immigration enforcement, including sharing information with ICE and honoring civil immigration detainer requests. Illinois, Chicago, and other sanctuary jurisdictions sued, arguing the orders amount to an unconstitutional attempt to commandeer local law enforcement and attach new conditions to congressionally appropriated funds without statutory authority. The district court entered preliminary relief; the government appealed.

The Issue

Issue

Whether the President may by executive order condition previously appropriated federal grants on sanctuary jurisdictions' compliance with federal immigration enforcement directives, without independent statutory authority to impose those conditions.

The Rules

Rule

Spending Clause (U.S. Const. Art. I, § 8, cl. 1) requires that conditions on federal grants be unambiguous, related to the federal interest in the program, and authorized by Congress. Not imposed unilaterally by the executive. City of Chicago v. Barr (7th Cir. 2020) previously struck down similar conditions under the Sessions-era DOJ. The anti-commandeering doctrine (Printz v. United States, 1997) bars the federal government from conscripting state and local officials to enforce federal law.

The Application

Analysis

Trump's alleged coordination with co-conspirators to contact Georgia officials and pressure vote-count alterations constitutes potential racketeering and conspiracy under Georgia law; these campaign-related acts fall outside the scope of official presidential conduct shielded by immunity.

The Conclusion

Conclusion

Active. Preliminary injunction in place. The Seventh Circuit is the latest court to consider whether the Trump administration's immigration-enforcement grant conditions are lawful. The case is part of a broader wave of sanctuary-city litigation testing the constitutional limits of executive spending conditions.

Court -
FiledOct 10, 2025
CL StatusTerminated
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Court -
FiledOct 10, 2025
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No Supreme Court data for this case.

Outcome History (3)

  1. Oct 11, 2025 Circuit
    Stay granted Neutral Unreviewed

    Administrative stay granted as to the federalization of the National Guard and denied as to the deployment of the National Guard.

  2. Oct 16, 2025 Circuit
    Stay granted Neutral Unreviewed

    Motion to stay pending appeal granted in part and denied in part, staying only the federalization of the National Guard within Illinois.

  3. Jan 22, 2026 Circuit
    Voluntarily dismissed Resolved Final Unreviewed

    Case dismissed by joint stipulation, partial stay vacated, motion for summary affirmance denied as moot.

Federal Court TMR-9bb1359f National Guard Deployment <br> Appeal of 1:25-cv-12174 Jul 26, 2026
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