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Federal judge extends order blocking Trump's troop deployment in Illinois as Supreme Court ruling awaits

A federal judge in Chicago on Wednesday agreed to keep a restraining order barring the Trump administration from deploying National Guard troops in place indefinitely, as the Supreme Court weighs a White House challenge to her order.

A temporary restraining order issued by U.S. District Judge April Perry earlier this month, blocking any National Guard deployment in Illinois, had been set to expire on Thursday.

On Wednesday, the Trump administration and attorneys for the state of Illinois and city of Chicago agreed to keep that restraining order stay in place indefinitely, until there is a "final judgment" in the case.

That means the Trump administration's attempt to deploy National Guard troops in Illinois will remain blocked until either the Supreme Court grants the president's request to allow the troop deployment, or Perry makes a final ruling on the merits of the lawsuit challenging the president's authority to deploy the National Guard.

The Department of Justice proposed the move under Rule 65 of the Federal Rules of Civil Procedure, and the State of Illinois and City of Chicago accepted with conditions aimed at keeping the case on a fast track.  

"The proposal came from defendants," said Christopher Wells, representing Illinois. "We're inclined to agree, so long as the case moves expeditiously. If the Supreme Court's ruling alters the status quo, we'll be seeking accelerated proceedings."Justice Department attorney Jody Lowenstein confirmed the federal government's consent was "without prejudice," meaning it reserves the right to appeal or seek emergency relief from higher courts.  

The decision stems from a lawsuit the city and state filed against the Trump administration, challenging the president's authority to deploy troops in Illinois.

Trump administration attorneys said they agreed to extend the temporary restraining order indefinitely, but will continue to seek an emergency order from Supreme Court to allow the president to deploy troops in Illinois.

"Every day this improper TRO remains in effect imposes grievous and irreparable harm on the Executive," Solicitor General D. John Sauer wrote in a Supreme Court filing Tuesday.

Attorneys for the city and state have asked the Supreme Court to continue to block the deployment, calling it a "dramatic step."

Wednesday's decision by Perry ensures the temporary block on a National Guard deployment in Illinois will remain in place as the lawsuit proceeds toward a full trial on the legality of the president's move.

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