President Donald Trump and his aides have increasingly used the term “insurrection” to describe protests against ICE operations in cities like Portland. Speaking to reporters, Trump hinted that he could consider invoking the Insurrection Act to deploy U.S. troops in urban areas to restore order.
“I see this as criminal insurrection,” Trump said regarding the Portland protests, promising that he would act to make the city safe. Senior aide Stephen Miller went further, describing a temporary judicial order preventing the use of National Guard troops in Portland as “legal insurrection,” accusing local officials of obstructing federal authority.
What Is the Insurrection Act?
The Insurrection Act is a federal law that allows the president to call in military forces under specific circumstances. First enacted in 1792 and last updated in 1871, it is designed to enable the federal government to respond to rebellions, insurrections, or situations where ordinary law enforcement is unable to maintain order.
The act operates alongside the Posse Comitatus Act of 1878, which generally restricts the use of the military for domestic law enforcement. Essentially, the Insurrection Act provides exceptions to this rule in cases where federal authority is being directly challenged.
How the Law Can Be Invoked
Traditionally, a state governor or legislature may request federal military support. For example, in 1992, then-President George H.W. Bush used the Act at the request of California’s governor to manage the Los Angeles riots.
If local officials do not request assistance, the president may still act unilaterally if he deems it necessary. The law allows the president to use federal troops when he believes that “unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States” make it impossible to enforce federal law through regular judicial or law enforcement channels.
Historical Use
The Insurrection Act has been invoked multiple times in U.S. history. Notably, Presidents Dwight Eisenhower and John F. Kennedy deployed troops despite opposition from state governors to enforce school integration following the Supreme Court’s Brown v. Board of Education decision. Eisenhower sent the 101st Airborne Division to Little Rock, Arkansas, to ensure the safety of African American students.
According to the Brennan Center for Justice, the Insurrection Act has been formally used in 30 instances since its enactment, demonstrating its role as a tool of last resort for maintaining federal authority.
Current Context
Trump has suggested the possibility of using the Act if federal laws cannot be enforced due to resistance from local governments or courts. While it is unclear whether any cities would request federal military intervention, the president retains the authority to act if he believes federal law is being obstructed.
The discussion around the Insurrection Act highlights the balance of power between federal authority and state governance, a topic that continues to be relevant in managing domestic unrest.
