U.S. President Donald Trump on Monday said he might consider invoking the Insurrection Act if state or local leaders obstruct his administration’s efforts to maintain order or enforce immigration laws, as per reports.
Speaking to journalists at the White House during the signing of an executive order, Trump remarked that he would have “no problem” using the 1807 law as a last resort. “I’d do it if it was necessary. So far, it hasn't been necessary. But we have an Insurrection Act for a reason. If I had to enact it, I'd do that,” he said.
He added that such a step would be taken only if local officials or courts blocked federal action. “If people were being killed, courts were holding us up or governors or mayors were holding us up, sure, I'd do that,” Trump stated. “I want to make sure people aren't killed. We have to make sure our cities are safe.”
According to AFP, the Republican president’s comments came amid ongoing legal disputes over his deployment of National Guard troops to Democratic-led cities such as Chicago and Portland. Federal judges in Oregon and Illinois have temporarily halted or limited these deployments, citing constitutional concerns.
Earlier, Trump authorized hundreds of National Guard personnel to Chicago despite opposition from Illinois Governor JB Pritzker and city leaders. “They should stay the hell out of Illinois,” Pritzker had said, accusing federal agents of “thuggery” and unlawful detentions.
The confrontation between the White House and Democratic state leaders has reignited debate over the scope of presidential power under the Insurrection Act — a rarely invoked U.S. law granting the president authority to deploy military forces domestically.
What is the Insurrection Act?
Enacted in 1807, the Insurrection Act allows a U.S. president to send active-duty troops or federalize the National Guard within the country during extreme situations. It serves as an exception to the Posse Comitatus Act of 1878, which generally prohibits the use of the military for civilian law enforcement.
Under the Act, the president can act in three main situations -- when a state requests federal aid, when there is rebellion against federal authority, or when states fail to protect constitutional rights. Before invoking it, the president must issue a public proclamation ordering “insurgents” to disperse, usually within 24 to 48 hours.
The Act has been invoked about 30 times in U.S. history, most notably during the Civil Rights Movement and in response to the 1992 Los Angeles riots under President George H.W. Bush. It has never been used to support immigration enforcement or border operations.
Does Trump have power to invoke Insurrection Act?
The president holds unilateral authority to invoke the Insurrection Act if he determines that civil unrest or interference by state authorities obstructs federal law enforcement. However, any such move would likely face legal challenges from state governments and civil rights groups.
Trump’s renewed mention of the law has drawn criticism from opponents, who accuse him of seeking to use military force to punish political adversaries. Supporters, on the other hand, argue that he is acting to ensure public safety and national security.
AFP reported that Illinois Attorney General Kwame Raoul and Chicago officials have described such plans as “unlawful and unconstitutional.” A CBS poll cited by U.S. media showed that a majority of Americans oppose deploying the National Guard in domestic cities.
For now, Trump said the option remains on the table but “hasn’t been necessary.”
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