Very broadly speaking, the state three challenges to Trump’s invasions adopt different theories.

• The 22-page California challenge (the TRO request was filed separately), which was filed during large scale protests, contested whether the scale of the protest merited nationalization of the Guard and invasion by the Marines
• The 41-page Oregon challenge basically showed that Trump’s batshit claims about Portland don’t match the reality on the ground, noting that to the extent there were significant protests, they subsided long before Trump called in the Guard
• The 69-page Illinois challenge argues that the invasion arises out of animus

Of those 69 pages in the Illinois suit, 21 are dedicated to describing Trump’s animus, which it dates as starting in 2013, continued though his first presidential term, and even came out during the interregnum.

44. The supposed current emergency is belied by the fact that Trump’s Chicago troop deployment threats began more than ten years ago. In a social media post from 2013 Trump writes “we need our troops on the streets of Chicago, not in Syria.”

[snip]

47. Three years ago, in 2022, Trump was between his presidential terms. In two separate speeches that summer, Trump shared his plans for Chicago, stating in July 2022 that the “next president needs to send the National Guard to the most dangerous neighborhoods in Chicago.” He reiterated that point at the August 2022 CPAC speech, saying that the problem was “these cities that were run by Democrats going so bad so fast.”

It shows how Trump and Stephen Miller’s targeting

57. On April 18, 2025, Stephen Miller, White House Deputy Chief of Staff for Policy and the Homeland Security Advisor leveled the accusation that “Sanctuary cities shield criminal illegal aliens from removal.” Although not a lawyer, he opined that “these cities are engaged in systemic criminal violations and that they are engaged in a scheme to nullify and obstruct the duly enacted laws of the United States of America.” Miller specifically cited Chicago, along with Los Angeles and Boston, saying the cities were “waging war against the very idea of nationhood.”

It showed how, in May, DHS ditched its first draft list of sanctuary jurisdictions to get rid of the Republican ones on the list.

63. In the midst of these immigration-related federal defunding actions and responsive lawsuits, DHS published, on May 29, 2025, a list of 500 purported “sanctuary jurisdictions” around the country. It accused them of “shamefully obstructing” the Trump administration’s deportation plans and “shielding dangerous criminal aliens.” Fox News Channel 32 Chicago accurately characterized the list as an escalation of “efforts to penalize states and cities that limit cooperation with federal immigration authorities.”

64. However, days later, based on widespread news reporting as early as June 1st, that first sanctuary jurisdiction list was gone. As reported, very soon after publishing the list, the Trump administration faced objections from Republican stronghold jurisdictions that found themselves on the list. The Department of Homeland Security quickly and quietly removed the list from the website where it had been posted.

65. Then on July 25, 2025, the federal district judge presiding over the United States’ lawsuit regarding Illinois’s, Chicago’s and Cook County’s immigration-related laws and policies dismissed the case. United States v. Illinois, No. 25 CV 1285, 2025 WL 2098688, *27 (N.D. Ill. July 25, 2025). In concluding that there was no claim for the United States to pursue, the court held that “the Sanctuary Policies reflect [Illinois’s, Chicago’s and Cook County’s] decision to not participate in enforcing civil immigration law—a decision protected by the Tenth Amendment and not preempted by the INA. Finding that these same Policy provisions constitute discrimination or impermissible regulation would provide an end-run around the Tenth Amendment. It would allow the federal government to commandeer States under the guise of intergovernmental immunity— the exact type of direct regulation of states barred by the Tenth Amendment.” Id.

66. Less than two weeks later, the Trump administration posted a new version of its sanctuary jurisdiction target list. That August 5, 2025, publication shortened the list from about 500 to just 35 jurisdictions. The new sanctuary “jurisdiction” list targeted twelve states (including Illinois, California, and Oregon), the District of Columbia, eighteen cities (including Chicago), and four counties (including Cook County).

It tracks a number of things Kristi Noem and Greg Bovino did to create a pretext for invasion, focusing closely on Bovino’s boat trips around the river, but also describing the way Noem went out of the way to address protestors directly (the Chief of Police of Broadview was pretty unhappy about that event).

106. As this DHS show of force in Broadview was escalating, CBP appeared in tactical gear with large weapons in hand around the City of Chicago. On September 25, 2025, Greg Bovino, head of the CBP operations in Chicago, led a small fleet of “Border Patrol” boats downtown on the Chicago River, with officers armed with semi-automatic rifles. Photographs in the local news showed the boats passing the upscale Riverwalk, in the area of the Trump Tower:

107. The CBP boats were seen again on the Chicago River in the following days, seemingly doing nothing more than eponymous showboating.

108. However, the day after the Border Protection’s first unimpeded river fleet cruise, DHS executed a memo expressing an urgent need for support in Illinois from the “Department of War.” Specifically, on September 26, DHS requested from DoD 100 troops to protect ICE facilities in Illinois with “immediate and sustained assistance” because of a fictional “coordinated assault by violent groups . . . actively aligned with designated domestic terror organizations . . . .” DoD’s National Guard Bureau informally made this request to Illinois for its National Guard troops on September 27, which Illinois refused the following day.

109. Two days after this request, on Sunday, September 28, around 100 DHS agents, dressed in militaristic tactical gear and carrying semi-automatic rifles, patrolled the Chicago business district near Millenium Park and Michigan Avenue. They positioned themselves in large groups on major pedestrian thoroughfares in tourist and commercial areas.

[snip]

112. On October 3rd, 2025, Kristi Noem, the United States Secretary of Homeland Security, orchestrated a visit to the Broadview facility designed to provoke those who could hear or see the visit. Throughout this visit, rather than avoiding the protesters, Secretary Noem and her entourage, including Bovino, entered areas congested with protesters, even when there were alternative routes that would have avoided those areas.

113. Defendant Noem was videotaped speaking to assembled DHS agents about protestors outside of the ICE facility in which she stated: “Today, when we leave here we’re going to go hard. We’re going to hammer these guys that are advocating for violence against the American people . . . we’re going to go out there and we’re going to make sure that there’s consequences for the way that they’re behaving and that we’re going to prosecute them” Noem’s comments about protestors “advocating for violence against the American people” are unsupported by public reports, and appear to conflate the First Amendment-protected speech of protestors with political violence.

114. Noem then introduced Bovino, who began his speech saying, “It’s roll up time here, state instrument is a hard power, you’re going to be put into full effect.” Although at that time demonstrators were confined to a free speech area blocks from the ICE facility, and managed by ISP and local police, Bovino called demonstrators an “unsafe crowd.” He further stated, “we’re going to roll them all the way out of here, and when they resist what happens? They get arrested. So it’s now going to be a free arrest zone . . . I’m giving them one warning . . . They’re getting it here as soon as we leave.”

115. Subsequently, Secretary Noem’s motorcade, in a large armored, tactical vehicle known as a BearCat, exited the facility through an entrance congested with protesters, rather than the alternative, which was not. She then proceeded to an area with protesters on all sides and exited the vehicle. Because she affirmatively went to the protest area, the U.S. Secret Service was required to extend the protective perimeter, resulting in federal agents engaging with protesters and prompting ISP involvement. There was no legitimate purpose under federal law for this conduct by defendant Noem.

Sadly, they didn’t describe Russian useful idiot Benny Johnson’s role in all this, because his false claims are a key part of the effort to stoke violence (and, probably, to mislead Trump about what is really happening).

It cites a number of Trump’s false Truth Social claims and fundraising emails, including this one from September 6.

And it describes Trump’s incendiary language to describe peaceful protest, including his declaration of a war from within.

120. A few days later, on September 30 at the Pentagon, Trump and Hegseth addressed a gathering of about 800 top military leaders. Trump took the opportunity again to attack Chicago, stating: “You know, the Democrats run most of the cities that are in bad shape. We have many cities in great shape too, by the way. I want you to know that. But it seems that the ones that are run by the radical left Democrats, what they’ve done to San Francisco, Chicago, New York, Los Angeles, they’re very unsafe places and we’re going to straighten them out one by one.” He went on to say, “And this is going to be a major part for some of the people in this room. That’s a war too. It’s a war from within.”

121. Trump then stated that he had informed defendant Hegseth, “we should use some of these dangerous cities as training grounds for our military National Guard, but military, because we’re going into Chicago very soon.” Defendant Hegseth has now taken formal action to do so.

It used Trump’s invitation for Pete Hegseth to use Chicago as a “training ground” as the introduction of the rest of the complaint.

The complaint describes the shooting of a Chicago man and the lies DHS told about it. The Black Hawk invasion of an apartment building appears elsewhere, to show that there was no interruption of whatever that invasion was meant to be. It doesn’t mention the shooting on Saturday: but emails submitted by the ILNG show that Trump had already made the request for Guard before that event (though they happened nearly simultaneously).

I’ve seen some people speculate, because of more recent events, that Chicago would have a tougher time than Portland to prove there was no purpose for the invasion.

But this is a different, more ambitious argument, effectively showing that Kristi Noem set out to create a pretext for a long contemplated plan to invade Chicago.