Insurrection Act

Trump Threatens to Invoke Insurrection Act to End Anti-ICE Protests in Minnesota

Trump warned that he would use the law if politicians didn’t stop attacks on ICE

“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 in a Truth Social post on Jan. 15.

The law allows the president to deploy troops to counter an insurrection or armed rebellion. It serves as an exception to the Posse Comitatus Act, which prevents the use of the military for civilian law enforcement.

His comments came amid ongoing confrontations between demonstrators and law enforcement in the state, as well as tension between federal and state authorities.

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Insurrection Act: The Insurrection Act isn't a single document but a series of U.S. Code sections (primarily 10 U.S.C. §§ 251-255, derived from the original 1807 Act) that authorize the President to use the military to suppress insurrections or enforce federal law when state authorities are unable or unwilling, covering situations like domestic violence, unlawful combinations, or hindering constitutional rights.

Key provisions include the President's authority to deploy troops with state consent (Sec. 251) or without it (Sec. 252, 253) to counter insurrection, domestic violence, or conspiracies that obstruct justice or deny rights, following proclamations and subject to other laws like the Posse Comitatus Act.