National guard troops from Texas are heading to Illinois after a federal judge declined to immediately block them after a lawsuit from the state against the Trump administration.

Texas guard members departed the Fort Bliss military installation in El Paso on a US military transport plane on Monday evening.

The US district judge April Perry allowed the federal government to continue the deployment in Chicago while it responds to Illinois’s suit. She set a deadline of midnight on Wednesday for the government to reply. A similar effort to deploy troops to Portland was blocked by a judge in Oregon.

Donald Trump is also seeking to federalize the Illinois national guard, which would involve moving them from state to federal jurisdiction.