The warning followed a series of violent encounters involving federal immigration officers and civilians, drawing renewed national attention to a little-used law that allows the president to deploy military forces on U.S. soil. At the center of the debate is a centuries-old law with sweeping presidential powers. Here’s what the Insurrection Act is, why it matters now, and why it remains so controversial.
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Why did Trump threaten to invoke the Insurrection Act in Minnesota?
Trump’s warning came as Minneapolis became the focal point of daily clashes following the deployment of federal immigration agents. On Wednesday, a U.S. immigration officer shot a Venezuelan man who was fleeing a traffic stop in Minneapolis. According to the Department of Homeland Security, two people attacked the officer with a broomstick and a snow shovel as he struggled with the man, whom DHS said was in the U.S. illegally.
The incident occurred just one week after the fatal shooting of a U.S. citizen by an immigration agent, an event that intensified fear and anger across the city.
In a social media post, Trump accused Minnesota officials of failing to maintain order and warned of federal action.
“If the corrupt politicians of Minnesota don’t obey the law and stop the professional agitators and insurrectionists from attacking the Patriots of I.C.E., who are only trying to do their job.”
“I will institute the INSURRECTION ACT, which many Presidents have done before me, and quickly put an end to the travesty that is taking place in that once great State,” Trump said.
He concluded the message by writing, “Thank you for your attention to this matter! President DJT.”
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What is the Insurrection Act?
The Insurrection Act is a rarely used 1807 law which grants the president the power to use the military domestically without the consent of Congress. Trump made several attempts to federalize National Guard forces last year by citing the Insurrection Act.
The law is commonly referred to as the Insurrection Act of 1807, after President Thomas Jefferson signed it into law. However, the modern version is actually a collection of statutes passed between 1792 and 1871 that define when and how the military may be used for domestic law enforcement, as per a report by Reuters.
Under the law, troops can engage in activities typically restricted under federal law, including making arrests and conducting searches. The president may invoke the Insurrection Act when there are “unlawful obstructions, combinations or assemblages or rebellion” against the authority of the U.S. government, as per a report by Reuters.
Once those conditions are deemed to exist, the law allows the president to use armed forces to take actions “to enforce those laws or suppress the rebellion.”
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How is it different from other military deployments?
When Trump previously sent National Guard troops to cities such as Los Angeles during protests this summer, he relied on a different statute — Section 12406 of Title 10 of the U.S. Code.
That provision allows the president to federalize the National Guard but prohibits those troops from engaging in civilian law enforcement. Under Section 12406, troops may protect federal property and officers but cannot carry out arrests.
The Insurrection Act, by contrast, explicitly allows military forces to perform law enforcement functions, making it one of the most powerful tools available to a president during civil unrest.
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Why is the Insurrection Act so controversial?
The law has long been controversial because it conflicts with a deeply rooted American tradition of keeping the military out of civilian affairs.
The nation’s founders feared that unchecked presidential control over the military could undermine civil liberties and democratic governance. Under the U.S. Constitution, governors generally retain authority to maintain order within their states, as per a report by Reuters.
These principles are reflected in the Posse Comitatus Act of 1878, which generally bars the military from participating in civilian law enforcement. The Insurrection Act functions as a statutory exception to that rule.
Civil rights groups have repeatedly warned that the law grants presidents broad authority to use the military as a domestic police force, raising concerns about potential abuses of power.
Has the Insurrection Act been used before?
Yes. The Insurrection Act has been invoked dozens of times throughout U.S. history. However, its use has become increasingly rare since the civil rights era of the 1960s.
According to the Congressional Research Service, the law was last used in 1992, when riots erupted in Los Angeles following the acquittal of four police officers in the beating of Rodney King. At that time, California’s governor requested military assistance from President George H.W. Bush to restore order, as per a report by Reuters.
In contrast, former President George W. Bush declined to invoke the Insurrection Act in 2005 following Hurricane Katrina, in part because Louisiana’s governor opposed the deployment of active-duty troops.
Can Trump deploy troops without Minnesota’s approval?
Yes. The Insurrection Act outlines circumstances in which the president may deploy military forces with or without a governor’s consent.
Historically, presidents and governors have usually agreed on the need for troops when the law was invoked. However, the statute allows the president to act independently if he determines that state authorities are unable or unwilling to protect constitutional rights or enforce federal law, as per a report by Reuters.
Minnesota state and local leaders have pushed back strongly against federal immigration operations, arguing that they have escalated tensions. Minneapolis Mayor JacobffFrey said the situation has become untenable, as per a report by Politico and NBC News.
“This is not sustainable,” Frey said at a Wednesday night press conference. “This is an impossible situation that our city is presently being put in, and at the same time we are trying to find a way forward, to keep people safe, to protect our neighbors, to maintain order.”
Can courts block the use of the Insurrection Act?
Courts have historically been reluctant to challenge a president’s decisions regarding military deployments. The 9th U.S. Circuit Court of Appeals recently said that such decisions are entitled to a “great level of deference.”
However, legal experts note that deference does not entirely prevent judicial review. An Oregon federal judge recently ruled against Trump’s use of Section 12406 to send troops to protests in Portland, writing that “‘a great level of deference’ is not equivalent to ignoring the facts on the ground.”
FAQs
What does the Insurrection Act allow?
It allows the president to deploy military forces domestically and authorize them to enforce laws during unrest.
When was the Insurrection Act last used?
The Insurrection Act was last invoked in 1992 during the Los Angeles riots.