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Pritzker: President Trump can't legally use Insurrection Act to deploy National Guard

After a federal appeals court this past weekend blocked the deployment of National Guard troops in the Chicago area, Illinois Gov. JB Pritzker was asked what would happen if President Trump invokes the Insurrection Act.

If President Trump does so, it would grant him more power over the National Guard and where its troops can be deployed.

"Well, the Insurrection Act is called the Insurrection Act for a reason," Pritzker said on ABC News' "This Week." "There has to be a rebellion. There has to be an insurrection in order for him to be allowed to invoke it. Again, he can say anything he wants. But if the Constitution means anything — and I guess we are all questioning that right now, but the courts will make the determination — if the Constitution means anything, the Insurrection Act cannot be invoked to send them in because they want to fight crime."

Pritzker also praised the appeals court decision on the National Guard troops' deployment, and said he is confident in the courts.

"We hope to continue to win. Look, we've got to rely on the courts to do the right thing. I realize that sometimes that's risky business, especially when some have been appointed by Donald Trump. But we've seen that even a Trump-appointed judge out in California, in the West Coast, has ruled against the administration," Pritzker said on "This Week." "So I do think that their oath of office actually matters to them, and that they'll make the right determinations."

Illinois Attorney General Kwame Raoul called the decision a "victory" for Illinois.

On Saturday, the Seventh Circuit Court of Appeals upheld a ruling from U.S. District Judge April Perry earlier in the week denying a request from the White House to deploy National Guard troops on the streets of Chicago in response to a lawsuit brought by the state of Illinois and the city of Chicago. 

However, it granted a request from the Trump administration to temporarily keep those National Guard troops under federal control, issuing an administrative stay to Perry's earlier ruling on the federalization issue.

In court, the White House is arguing that National Guard troops are needed to protect U.S. Immigration and Customs agents and facilities in Illinois, and not because of any insurrection or rebellion in the state.

"Amidst ongoing violent riots and lawlessness, that local leaders like (Illinois Gov. JB) Pritzker have refused to step in to quell, President Trump has exercised his lawful authority to protect federal officers and assets," White House spokesperson Abigail Jackson told CBS News Saturday evening in response to the ruling. "President Trump will not turn a blind eye to the lawlessness plaguing American cities and we expect to be vindicated by a higher court."

Over the weekend, the U.S. Department of Homeland security posted on social media that it is increasing operations in Chicago.

"We are deploying additional resources to apprehend rioters and Antifa members engaged in domestic terrorism," Micah Bock, Deputy Assistant Secretary for Strategic Communications for the U.S. Department of Homeland Security, said in a new social media video.

In the Sunday post to social media, the Department of Homeland Security leaders vowed, "DHS is increasing operations in Portland, Chicago, and across our nation."

Encounters between U.S. Immigration and Customs Enforcement agents and Chicago community members also continued over the weekend. Video taken Sunday morning showed federal officers stopping people in their cars in the Rogers Park neighborhood.

At St. Jerome Church, a Roman Catholic Church also located in Rogers Park, some parishioners stayed inside after being warned of a nearby ICE sighting.

Local leaders from the western suburbs condemned ICE agent behavior and pledged their solidarity at a news conference Monday outside the ICE facility in Broadview, Illinois. In particular, they demanded the removal of a fence that has been put up outside the facility. 

A federal judge last week approved a request to remove the fence. Broadview officials had sued, saying the fence — put up on Sept. 23 — blocked a public road and could impact first responders at the scene.

Broadview Mayor Katrina Thompson said the judge's ruling is "validation of local law and, most importantly, a decisive win for public safety." 

Both sides originally were given until 2 p.m. Friday to agree on a plan to remove the fence. Friday afternoon, the judge issued an agreed-upon order requiring the Trump administration to dismantle and remove the fence by 11:59 p.m. on Tuesday.

At the news conference, Illinois House Speaker Emanuel "Chris" Welch (D-Westchester), whose 7th House District includes the Broadview ICE facility, said he and other local leaders stood with Broadview Mayor Katrina Thompson "unequivocally."

"We are here today because Broadview is strong, and it's going to stay strong," Welch said.

Welch called the fence "a symbol of Donald Trump's contempt for this community and so many like it." He compared the fence outside the Broadview ICE facility to the Berlin Wall.

"Just as the Berlin Wall did in 1961, this fence stands as a symbol of division," Welch said. "This fence is a symbol of dividing families. This fence is a symbol of dividing communities. This fence is a symbol of dividing Americans, and this fence is a symbol of denying Americans constitutional rights."

In another development Monday, the Village of Broadview announced that it is shrinking the zone where protesters are allowed to gather outside the U.S. Immigration and Customs Enforcement processing center in the west Chicago suburb.

Mayor Thompson said she has signed a new executive order in consultation with Illinois State Police and the Cook County Sheriff's office, which will permit protests only in the safety zone at the ICE facility on Beach Street. Protests will no longer be allowed at 2000 S. 25th Ave. between Lexington and Fillmore streets, Thompson wrote.

In a statement, Mayor Thompson said she decided on the restriction after protests outside the facility on Saturday night "degenerated into chaos."

As of Monday morning, the fence was still there.

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