Washington DC:
Shortly after taking office on January 20, one of Donald Trump’s initial executive orders was to declare a “national emergency” at the southern border of the United States. This order included a provision that suggested President Trump might “invoke the Insurrection Act of 1807” and potentially deploy military forces on US soil by April 20, ninety days after the order was enacted.
The provision within President Trump’s executive order from January 20 specified that “Within 90 days of the date of this proclamation, the Secretary of Defence and the Secretary of Homeland Security shall submit a joint report to the President concerning the conditions at the southern border of the United States, along with any recommendations on additional actions necessary to achieve complete operational control of the southern border, including whether to invoke the Insurrection Act of 1807.”
WHAT IS THE INSURRECTION ACT OF 1807?
The Insurrection Act of 1807 allows the President of the United States to authorize the deployment of military and National Guard forces to enforce laws under specific circumstances. It grants the military the authority to suppress any rebellion, uprising, or acts of violence, including those involving civilians.
This Act has the power to override the Posse Comitatus Act, which typically prohibits military involvement in civil law enforcement. Additionally, it provides the US President—who serves as the commander-in-chief of the armed forces—the authority to decide the timing, location, and circumstances under which US troops may be deployed domestically.
IS THE INSURRECTION ACT SAME AS MARTIAL LAW?
However, the Insurrection Act is distinct from martial law. While martial law grants total administrative control over state affairs to a military leader—typically the chief of defense or army chief—the Insurrection Act retains authority with the President, who selectively employs military power to maintain law and order.
In essence, while martial law empowers the military to usurp civilian government functions during emergencies, the Insurrection Act permits the military to assist civilian authorities without replacing them.
‘IT CAN BE MISUSED’
Legal scholars have long contended that the Insurrection Act of 1807 is outdated, excessively vague, and requires urgent reform. The Brennan Center for Justice states, “the Insurrection Act needs a major overhaul.” They argue that it “grants the President the authority to deploy the US military domestically against Americans under specific conditions, a power that, while perhaps necessary in rare cases, is dangerously broad and opens the door to abuse.”
The advocacy group further notes, “Nothing in the text of the Insurrection Act defines ‘insurrection,’ ‘rebellion,’ ‘domestic violence,’ or any other key terms needed to stipulate conditions for deployment.” This ambiguity raises concerns about potential misuse.
WHAT WILL HAPPEN ON APRIL 20?
With less than a week remaining until the 90-day deadline from the January 20 executive order, many Americans now speculate that President Donald Trump will indeed “invoke the Insurrection Act” and deploy military forces on April 20.
On January 22, 2025, just two days after Trump’s executive order, the US Department of Defence indicated plans to send 1,500 active-duty service members to the southern border, along with additional air and intelligence resources, to support federal agencies and services involved in border security enforcement.
In a follow-up on January 29, 2025, Secretary of Defence Pete Hegseth confirmed that the department intends to accommodate up to 30,000 criminal migrants at Guantanamo Bay, Cuba, following the President’s announcement to sign an executive order directing such action.
However, since then, there have been no significant updates. The Secretary of Defence and the Secretary of Homeland Security have yet to provide their final report to the President, detailing the mission’s progress. This lack of communication has led many to believe that the outdated law will soon be enacted to achieve “full control of the southern border,” aligning with the current administration’s objectives.
