FILE PHOTO: U.S. President-elect Donald Trump gestures at Turning Point USA's AmericaFest in Phoenix, Arizona, U.S., December 22, 2024. REUTERS/Cheney Orr/File Photo To match Special Report USA-MEXICO/CIA
White House advisers are now seriously weighing whether President Donald Trump might invoke the Insurrection Act — an obscure law from the early 1800s that permits the use of active-duty military troops within U.S. borders for law enforcement duties, NBC News reported Wednesday.
These talks coincide with Trump’s push to send National Guard units to several major cities, including Los Angeles, Chicago and Portland, under the pretext of fighting crime and protecting federal immigration agents from protesters.
One senior administration official, who was not named, told the outlet that no decision to invoke the law is imminent. But, should the president do so, it would mark a major escalation.
Currently, the National Guard is used only in limited support roles — because under current law, active-duty troops generally cannot carry out tasks like searches or arrests.
The Insurrection Act, however, would allow such operations.
Trump has already encountered legal pushback.
In Oregon, a federal judge blocked his efforts to send Guard units from other states to Portland. Facing that hurdle, Trump publicly indicated he would use the Insurrection Act “if it was necessary.” As he put it, “If people were being killed, and courts were holding us up, or governors or mayors were holding us up, sure, I’d do that.” He added that, at present, “it hasn’t been needed.”
Meanwhile, the report led to criticism of the Trump administration online.
John Padora, a Democratic candidate for Congress, wrote on the social platform X: "America is no longer a healthy democracy — it’s a semi-functional autocracy unraveling in real time. Trump is deploying red state National Guards into blue cities, calling them 'war zones,' threatening governors, and openly talking about invoking the Insurrection Act if they dare defy him. He’s manufacturing crisis to justify authoritarian power — and possibly suspend the 2026 elections. This isn’t leadership. It’s deliberate chaos."
Anthony Kreis, a constitutional law professor, wrote on X: "In an ordinary time, this would be an impeachable offense."
Journalist Bastian Brauns reacted to the news and wrote: "That would have far-reaching consequences…"
Derek Martin, a nonprofit leader, wrote: "While American families worry their health insurance premiums are about to explode, the President is focused on putting troops in your neighborhood to try and look like a tough guy."
"5 alarm fire, folks," wrote journalist Wajahat Ali on Bluesky.
"Military officers are morally and legally obligated to disobey any order that would violate the Constitution," author Everett Parrott posted to Bluesky. "Every general will be held accountable for their actions when this nightmare is over."