Photo: Anna Moneymaker / Getty Images News / Getty Images
President Donald Trump has threatened to invoke the Insurrection Act in response to protests in Minnesota following deadly encounters involving U.S. Immigration and Customs Enforcement agents, per Newsweek.
Trump floated the possibility in a post on Truth Social this week, accusing Minnesota leaders of failing to control what he described as “professional agitators and insurrectionists” protesting ICE operations in Minneapolis. The president said he could deploy the U.S. military to restore order if local officials do not act.
The Insurrection Act, first passed in 1792, gives the president broad authority to deploy federal troops domestically to suppress insurrections, enforce federal law, or restore public order. The law has not been invoked since 1992, when President George H.W. Bush used it during the Los Angeles unrest following the acquittal of police officers in the beating of Rodney King.
Trump’s threat comes amid growing outrage over ICE tactics after the fatal shooting of Renee Nicole Good, a 37-year-old mother, during an immigration operation in Minneapolis on January 7. Days later, another person was shot during a separate ICE-related incident, further intensifying protests and calls from local officials for federal agents to leave the city.
Minnesota Gov. Tim Walz warned that invoking the Insurrection Act would inflame tensions rather than resolve them.
“What Donald Trump wants is violence in the streets,” Walz said in a post on X. “Minnesota will remain an island of decency, of justice, of community, and of peace.”
Legal experts say the president has wide discretion under the Insurrection Act, which is codified in Sections 251 through 255 of Title 10 of the U.S. Code. The law allows the president to deploy active-duty troops or federalize the National Guard if state authorities are unable or unwilling to enforce federal law.
“The authority is extraordinarily broad,” Gene Rossi, a former federal prosecutor, said. “Courts have historically given presidents significant deference when invoking the Insurrection Act.”
However, critics argue that using the military for domestic law enforcement could violate the Posse Comitatus Act, which generally prohibits federal troops from policing civilians. Courts could also review whether the order was made in bad faith or resulted in constitutional violations, though such challenges face steep hurdles.
The Insurrection Act has been used repeatedly throughout U.S. history, including by President Abraham Lincoln at the start of the Civil War and by Presidents John F. Kennedy and Lyndon B. Johnson to enforce civil rights laws and protect school desegregation efforts in the South.
Minneapolis Mayor Jacob Frey said the city is being placed in an “impossible situation” by federal enforcement actions that have fueled unrest.
“This is not sustainable,” Frey said at a recent press conference.
The Black Information Network is your source for Black News! Get the latest news 24/7 on The Black Information Network. Listen now on the iHeartRadio app or click HERE to tune in live.