In one of his earliest executive orders as U.S. President, Donald Trump issued a “national emergency” along the southern border of the United States, with a further provision that may result in the deployment of the military on U.S. soil. This executive order provision may be triggered on April 20, 2025, which is 90 days from the date of signing of the order. The executive order ordered that during this time, the Secretary of Defense and the Secretary of Homeland Security shall jointly report to the President on border conditions and any suggestions for further action, including the possible application of the Insurrection Act of 1807.
Knowing the Insurrection Act of 1807
The Insurrection Act of 1807 authorizes the U.S. President the power to deploy military troops and the National Guard in order to keep law and order during certain situations, for example, rebellion or violence. This act gives the President power to bypass the Posse Comitatus Act, which otherwise limits the military from participating in domestic law enforcement. The Insurrection Act effectively allows the President to deploy military power in a supporting capacity to civilian government, as opposed to giving the military complete control, as with martial law.
Is the Insurrection Act the Same as Martial Law?
Although the Insurrection Act is capable of mobilizing the military within the country, it differs greatly from martial law. Martial law puts the military in total charge of rule, substituting civilian governments, while the Insurrection Act authorizes the military to support civilian governments without substituting them. Essentially, the Insurrection Act enables military action, but leaves the governance in the hands of the President and civilian administrators.
Legal Issues and Abusive Use of the Insurrection Act
Legal scholars have expressed alarm regarding the Insurrection Act’s age and the extensive authority it accords the President. The act requires major reforms, as indicated by the Brennan Center for Justice, since it contains vague words, including “insurrection,” “rebellion,” and “domestic violence,” which are not defined and subject to interpretation. This openness to interpretation exposes it to possible abuse, particularly in the deployment of military force against American citizens.
What to Expect on April 20?
As the 90 days provided in Trump’s executive order come to an end, speculation has been running wild that President Trump will trigger the Insurrection Act on April 20, 2025. In accordance with the January 2025 order, the Department of Defense sent 1,500 active-duty troops to the southern border and other resources to assist with border enforcement. In addition, Secretary of Defense Pete Hegseth indicated the intention to accommodate a maximum of 30,000 migrants at Guantanamo Bay, Cuba, although no significant developments have been given since.
Since the Secretary of Defense and Secretary of Homeland Security have yet to present their final report, many anticipate that the Insurrection Act will be invoked to gain complete control of the southern border in the near future.