A Biden-appointed federal judge has given President Donald Trump’s administration just 48 hours to justify its deployment of National Guard troops to Chicago, escalating a fierce legal and political standoff between the White House and Illinois’ Democratic leadership.

U.S. District Judge April Perry, appointed by President Joe Biden in 2022, issued the order Monday night after Illinois officials filed a lawsuit seeking to block Trump from sending federalized National Guard units into the state. Perry set a midnight Wednesday deadline for the administration’s response and scheduled a full hearing for Thursday afternoon.

For now, Perry declined to issue a temporary restraining order, allowing Trump’s deployment plan to move forward. Federal officials confirmed that roughly 200 Texas National Guard troops would be flown into Chicago by Wednesday morning to assist law enforcement operations in high-crime neighborhoods.

The lawsuit, led by Illinois Attorney General Kwame Raoul and joined by Governor J.B. Pritzker and Chicago Mayor Brandon Johnson, argues that the deployment is “an unlawful act of political retaliation” against Democratic-led jurisdictions.

“The American people should not live under the threat of occupation by the United States military simply because their city leadership has fallen out of favor with a president,” the filing reads.

Trump, however, defended his decision as both legal and necessary, saying the troops are needed to support federal agents combating gang violence and enforcing immigration laws in Chicago — a sanctuary city that restricts cooperation with federal immigration authorities.

“We have an Insurrection Act for a reason,” Trump told reporters. “If people are being killed and courts or governors are holding us up, I won’t hesitate to use it.”