Washington: Donald Trump has threatened to invoke the Insurrection Act, a 1807 federal law that allows the US president to deploy military forces or federalise the National Guard anywhere in the country if courts or state officials block his plans. This comes amid mounting protests at Portland in Oregon and legal challenges to his anti-immigration measures.
Trump’s announcement follows a federal judge temporarily blocking his efforts to send the National Guard to Portland on Monday.
Democratic Illinois Governor JB Pritzker called the planned deployment of troops to Chicago an “invasion”.
The US president has already deployed troops in Washington, DC, and California, citing “rising” crime rates and cities “harbouring” undocumented immigrants.
What Is The Insurrection Act?
The Insurrection Act was signed into a law by then President Thomas Jefferson in 1807. It traces its roots to the Militia Acts of 1792, which gave presidents authority to call state militias into federal service during emergencies.
Normally, governors control the National Guard in their states. The Act allows the president to bypass state approval if there is a large-scale insurrection.
It can override the Posse Comitatus Act of 1878, which limits the use of the military for domestic law enforcement.
Trump said, “We have an Insurrection Act for a reason. If people were being killed and courts were holding us up, or governors or mayors were holding us up, sure.”
Is There An Insurrection In Portland?
Trump claimed that protests in Portland amount to an “insurrection”. “I really think that is really criminal insurrection,” he said.
Oregon Governor Tina Kotek disagreed. “There is no insurrection in Portland. No threat to national security,” she said.
An insurrection is a violent revolt against government authority. Events in Portland do not meet this definition. Protests took place here against mass deportation near an ICE building over the weekend. Demonstrators clashed with federal officers, including Department of Homeland Security and Customs and Border Protection personnel. Two people were arrested for “aggressive behaviour toward each other in the street”, the police said.
Constitutional lawyer Bruce Fein said, “No underanged person believes a rebellion is underway in Portland.”
Legal Challenges And Limits
Fein explained that presidential powers under the legislation apply only to major rebellions, comparable to the US Civil War, when normal law enforcement and courts cannot function.
He explained that while a president’s declaration of insurrection might not be easily challenged in court, the Congress could impeach and remove a president for misuse. Military personnel are required to disobey clearly unlawful orders
Fein said, “Trump’s use of the Act in Portland would be clearly illegal even if it cannot be challenged in court.”
How Has Trump Deployed Troops Before?
- June: 2,000 National Guard troops sent to Los Angeles, California, for ICE-related protests. Governor Gavin Newsom did not approve. Trump used Title 10 authority instead of the Insurrection Act.
- August: 800 troops sent to Washington, DC, citing violent crime.
- Saturday: 300 troops authorised for Chicago in response to anti-ICE protests.
Illinois and Chicago filed a lawsuit calling the deployment “unlawful and dangerous”. A court hearing is scheduled for Thursday.
“Trump’s use of (Title 10) has been challenged in lower courts with mixed success. Will probably be soon decided by SCOTUS with odds in Trump’s favour,” Fein added.
The Act has been invoked 30 times, according to the Brennan Center for Justice. The last was in 1992 when the then President George HW Bush used it to deploy 2,000 National Guard troops and 1,500 Marines to Los Angeles after the Rodney King verdict led to riots. The violence caused 63 deaths and widespread looting.
Current Developments In Portland
Trump sent 200 National Guard troops to Portland under Title 10 on Saturday. A federal judge temporarily blocked the deployment until October 18.
Governor Newsom said Trump sent 300 California National Guard members to Oregon. Kotek confirmed their arrival. Newsom called the move a “breathtaking abuse of the law and power”.
He added, “We will take this fight to court, but the public cannot stay silent in the face of such reckless and authoritarian conduct by the president of the United States.”