Attorneys for the state of Illinois and the City of Chicago on Monday asked the Supreme Court to keep in place a temporary restraining order blocking the Trump administration from deploying National Guard troops in Illinois.

The 46-page filing came in response to a request from the Trump administration on Friday, asking the nation's highest court to allow the troop deployment by freezing a lower court order that blocked the Trump administration from ordering the deployment of National Guard troops in Illinois.

Attorneys for Chicago and Illinois argued that the Trump administration "cannot seriously argue that they face irreparable harm" if the restraining order is left in place while the fight over the troop deployment continues in lower courts.

Rather, they argued, it would be the state and city that would suffer if the restraining order is lifted and the Trump administration were allowed to deploy troops before courts issue a final ruling on the legality of the deployment.

"The planned deployment would infringe on Illinois's sovereign interests in regulating and overseeing its own law enforcement activities," attorneys wrote. "Similarly, it would usurp the State's police powers under the Tenth Amendment."

The Trump administration has argued that forbidding the deployment of federalized Guard troops "eviscerates" President Trump's decision to call into federal service 300 members of the Illinois National Guard to protect federal immigration officers and government property. The president also federalized up to 400 members of the Texas National Guard to assist in the Chicago area. 

Mr. Trump has invoked a law known as Title 10 to federalize National Guard troops to protect immigration personnel and government facilities in several cities, where protests have sprung up in response to the administration's immigration agenda. The law allows the president to call the members of any state's National Guard into federal service if there is a "rebellion or danger of a rebellion" against the U.S. government, or if the president "is unable with the regular forces to execute the laws of the United States."

The Trump administration has argued that demonstrations in some cities, including outside of Chicago, satisfy those conditions, allowing the president to exercise his authority under Title 10. In Illinois, government officials have argued that "violence and the constant threat of violence" have left regular federal law enforcement forces in Chicago unable to fully execute U.S. immigration laws, as well as those against assaulting and obstructing federal officers.  

The administration has also said that violence targeting federal authorities and property in Illinois in recent weeks constitutes a "rebellion or danger of rebellion."

In response to the Trump administration's request for the Supreme Court to intervene, the Illinois filing argued the president's lawyers have provided "no meaningful response" to the factual basis for the retraining order currently blocking the deployment, including that protests in the Chicago area, "while aggravating, insulting, or unpleasant" are nonetheless constitutionally protected.

"Applicants do not even attempt to rebut that much of the activity the declarants complained about was constitutionally protected," the state's filing with the Supreme Court stated.  

U.S. District Judge April Perry has ruled there is no credible evidence of an organized rebellion in Illinois, despite multiple protests and some assaults against federal agents, nor was there any evidence that the federal government has been unable to enforce the law without bringing in troops amid an ongoing immigration crackdown in the Chicago area.

A three-judge panel of the 7th Circuit U.S. Court of Appeals has upheld Perry's ruling, finding "the facts do not justify" the Trump administration's effort to deploy troops in Illinois.

The Illinois response to the Trump administration's request to the Supreme Court came just hours after a divided panel of the 9th Circuit U.S. Court of Appeals in Oregon overturned a lower court's decision blocking the Trump administration from deploying troops in Portland.

In its 2-1 ruling, the majority found the Trump administration is likely to prevail on the merits of its appeal by establishing that President Trump lawfully invoked a law known as Title 10 to bring Oregon's National Guard into federal service and send them to Portland.

However, that ruling also noted the situation in Illinois is different than in Oregon, pointing out immigration facilities and other federal buildings in Chicago have remained open amid ongoing protests, unlike in Portland, where the government has closed some federal facilities.

It's unclear how soon the Supreme Court could rule on the Trump administration's request to deploy troops in Illinois.