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By Gabe Whisnant
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Defense Secretary Pete Hegseth and Homeland Security Secretary Kristi Noem are not planning to recommend that President Donald Trump invoke the Insurrection Act to address conditions at the southern border, multiple U.S. officials told CNN.
Newsweek has reached out to the Department of Homeland Security (DHS) via email on Friday afternoon for comment.
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Why It Matters
The law, a 19th-century statute, would allow the use of active-duty military personnel to perform law enforcement roles within the United States, including arresting migrants. Critics worry that invoking the act would consolidate federal power and give Trump more leeway to use the military for domestic law enforcement or immigration enforcement.
What to Know
Trump had issued an executive order in January declaring a border emergency and requesting a report from Hegseth and Noem within 90 days.
While the deadline is Sunday, officials told CNN the memo will likely be sent to the White House next week. The expected recommendation points out that migrant crossings have significantly decreased — under 300 per day, compared to well over 1,000 in previous years — and that current authorities are sufficient for managing the situation.
CNN reports that while thousands of U.S. troops have been deployed to the southern border, they are primarily assisting with support roles such as logistics and barricade construction, not making arrests.
Despite internal White House frustrations over the slow pace of nationwide interior arrests by Immigration and Customs Enforcement (ICE), CNN says that officials are warning that invoking the Insurrection Act could overwhelm detention capacity.
What People Are Saying
When reached for comment via email, a Pentagon spokesperson told Newsweek, "At the President's direction, the DoD and DHS are developing a joint report assessing the conditions at the U.S. southern border and recommending actions to achieve full operational control of the border. We have nothing additional to provide at this time."
Trump's order reads, "Within 90 days of the date of this proclamation, the Secretary of Defense and the Secretary of Homeland Security shall submit a joint report to the President... including whether to invoke the Insurrection Act of 1807."
The Insurrection Act in Modern History
The Insurrection Act has been invoked several times in the modern era, primarily to enforce civil rights and respond to major unrest.
In 1957, President Dwight D. Eisenhower used the act to enforce the desegregation of Little Rock Central High School in Arkansas, sending federal troops to ensure the safety of Black students integrating the school against the resistance of state authorities. In 1962, President John F. Kennedy invoked it during riots at the University of Mississippi, where violent protests erupted over the enrollment of James Meredith, the university's first Black student.
The act was used again in 1967 by President Lyndon B. Johnson in response to the Detroit riots, deploying troops to help restore order during a period of intense racial unrest. Following the assassination of Dr. Martin Luther King Jr. in 1968, Johnson once more invoked the Insurrection Act in Washington, D.C., Baltimore, and Chicago to control widespread riots.
Later, in 1989, President George H. W. Bush used the act to send federal troops to the U.S. Virgin Islands after Hurricane Hugo, primarily to assist with disaster response and prevent looting. In 1992, Bush again invoked the law during the Los Angeles riots that followed the acquittal of officers in the Rodney King beating case, deploying federal forces and National Guard units to support overwhelmed local law enforcement and restore order.
This is a developing news story and will be updated as more information is available.
Update: 4/18/25, 6:30 p.m. ET: This article has been updated with additional information.
Update: 4/18/25, 6:56 p.m. ET: This article has been updated with additional information.
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