According to data collected by the Chicago Police Department, city-wide murder rates have gone down nearly 49% since 2021, but other types of violent crimes are happening much more frequently than they were in that same year. Misdemeanor theft, for instance, is reported to be happening 60% more often than it was in 2021.
Tragically, over Labor Day weekend in 2025, at least four individuals were fatally wounded, and 31 others were injured in shootings in the city. Just one weekend before Labor Day, between August 22nd and August 25th, six people were killed and at least 24 were injured in similar shootings.
These violent shootings, according to President Trump, must be addressed. The President has told the current governor, JB Pritzker, that he needs to get the violence under control or relinquish control to the federal government. Governor JB Pritzker has been adamant that he doesn’t need federal assistance fighting the crime throughout Illinois, but President Trump has proclaimed the opposite. President Trump has also told the Governor that if he doesn’t curb violent murder rates, he might deploy the National Guard to the city.
This move wouldn’t be unprecedented, considering President Trump has already deployed the National Guard in Los Angeles and Washington, D.C. to crack down on crime. He’s also suggested that the military might appear in New York City, Oakland, and Baltimore.
Could the National Guard Come to NYC? Know Your Rights
Under the Posse Comitatus Act, the federal government is restricted in its ability to use the U.S. military for domestic law enforcement purposes. Under most circumstances, the National Guard does not have the legal authority to make citizen arrests unless the state’s governor has explicitly granted them law enforcement powers during a state emergency.
When the President opts to send the National Guard to a city or state, they are subject to the Posse Comitatus Act, which means they only have limited authority. They can’t arrest citizens, but can perform supportive roles like securing areas or controlling crowds. Local police will be the only enforcement agency authorized to make arrests.
There is one important exception to this law, though. The National Guard is authorized to temporarily detain citizens during an unfolding security incident and when local law enforcement officers are not present.
If you’re a citizen in New York, then it’s important to understand the law and your rights. Already, a federal judge has ruled against President Trump’s use of National Guard Troops in Los Angeles earlier this year, saying that it was a violation of federal law. Right now, courts will be filing an injunction to stop the President from committing similar acts in the city moving forward.
Considering the Governor of New York doesn’t agree with the National Guard deployment, it’s unlikely he would declare an emergency and authorize them to make arrests.
If you’re a citizen and you’re concerned about your rights, contact our legal office now for a free legal consultation. You can leave your number on our online form to get in touch.
