Tipsheet

Trump Is Ready to Take a Drastic Step Against States Refusing National Guard Deployments

President Donald Trump on Monday indicated that he might invoke the Insurrection Act if Democratic governors continue pushing back against his decision to deploy National Guard troops to curb crime and anti-ICE protests in major cities.

While addressing reporters from the Oval Office, he was asked about the matter. He noted that “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. If people were being killed and courts were holding us up or governors or mayors were holding us up, sure, I'd do that,” the president continued. “I want to make sure that people aren't killed. We have to make sure that our cities are safe.”

A federal judge on Monday decided against blocking Trump’s deployment of National Guard troops to Illinois. Gov. JB Pritzker characterized the move as an “unconstitutional invasion.”

The governor declared that Illinois officials would fight back against any attempt to use military troops in Chicago or other cities. “Their plan all along has been to cause chaos, and then they can use that chaos to consolidate Donald Trump’s power,” he said during a press conference.

The Insurrection Act was enacted in 1792. It authorizes a president to deploy military forces on American soil in some cases as an exception to the Posse Comitatus Act, which prohibits the use of troops to enforce domestic law.

Under the act, the president can leverage troops to suppress insurrections or widespread violence. It also applies to unlawful actions that hamper the enforcement of federal laws or deprive citizens of constitutional rights.

The Insurrection Act can be invoked upon a request from a state’s legislature or governor to put down a rebellion. It can also be used by a president when obstructions or violent activity make it impossible to enforce federal laws through ordinary judical avenues. A president can also invoke the acct in situations where violence prevents states from protecting their citizens. 

The legislation has been used in a variety of situations, including the Civil War, civil rights enforcement, and the 1992 Los Angeles riots.

President Trump has taken an aggressive approach to addressing crime in major cities. But recently, concerns over violence against ICE agents have become a more pressing matter. There have been several anti-ICE protests that have devolved into violence against agents and other officials as the White House carries out immigration enforcement actions.