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By Andrew Stanton
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President Donald Trump threatened to invoke the Insurrection Act in Minnesota amid protests over U.S. Immigration and Enforcement (ICE) operations, floating the first use of the provision in more than three decades.
Why It Matters
ICE is facing growing scrutiny over its tactics following the fatal shooting of Renee Nicole Good, a 37-year-old mother, on January 7 and the shooting of a migrant on January 14 in Minneapolis. There have been growing protests over the agency and the administration’s heightened immigration enforcement, which was a cornerstone of the president’s campaign in 2024.
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Check out Newsweek's live blog for the latest updates on ICE protests.
The Insurrection Act has not been used for decades, but Trump suggested in a post to Truth Social that he could use it to quell protests in Minneapolis. Minnesota officials have said ICE should depart Minneapolis and that they are responsible for increasing tensions in the city. Trump has floated using the Insurrection Act several times following his return to the White House last January.
What is the Insurrection Act?
The Insurrection Act, first passed in 1792, gives the president authority to call the U.S. military for domestic use. It has been used numerous times throughout history, including during the Civil Rights era, to assist with school integration.
The Insurrection Act contains several provisions passed by Congress between 1792 and 1871, according to the Brennan Center for Justice. It refers to Sections 251 through 255 of Title 10 of the U.S. Code.
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“Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection,” Section 251 reads.
The president would have fairly broad authority under the law, Gene Rossi, a former federal prosecutor, told Newsweek on Thursday.
“The punchline is this. Under the Insurrection Act, President Trump and any president has broad power to invoke that act, which is an extraordinary step,” he said. “What it means is that the president can employ active duty soldiers to assist state and local authorities in executing the federal laws.”
In Minnesota, ICE is “executing, in their mind, the immigration laws in terms of arresting and detaining people who are here without proper documentation,” Rossi said. Trump would have broad authority to determine whether laws cannot be effectively executed without invoking the Insurrection Act, he said.
Courts have historically been inclined to give presidents deference on the Insurrection Act, but they could still determine whether the president acted in bad faith or whether his actions were based on mistake or that its execution resulted in the violation of constitutional rights, he said.
“Court can still look at that aspect of the president’s invocation of the act, but it’s still a tough row to hoe for people challenging his decision,” he said.
Former federal prosecutor Neama Rahmani told Newsweek that a legal challenge to an invocation would be likely, but that it would face an uphill challenge. They would likely raise arguments that it violates the Posse Comitatus Act. They could argue there is unlawful because there is no rebellion that state and local authorities cannot handle.
But as long as there is unrest and people being shot, that would be enough of a legal basis, he said.
"It will be politically very unpopular. I think military don't like to engage in these kinds of operations on American soil, but I don't think the courts are going to step in and stop it," he said.
Has the Insurrection Act Been Invoked?
The Insurrection Act has been invoked numerous times throughout American history. The first formal use of the act occurred in 1808, when President Thomas Jefferson invoked the act to address violations of the Embargo Act around Lake Champlain. It was later used by President Andrew Jackson in 1831 during Nat Turner’s Rebellion, a protest over slavery in Virginia.
President Abraham Lincoln invoked the Insurrection Act in 1861 as several southern states seceded from the U.S. at the beginning of the Civil War. It was later used during the Reconstruction era.
Among the more notable uses was when President John F. Kennedy invoked the act for the purpose of integrating schools in Alabama and Mississippi. In 1965, President Lyndon B. Johnson federalized the Alabama National Guard to protect civil rights protesters traveling from Selma to Montgomery.
When was the Insurrection Act Last Invoked?
The most recent use of the Insurrection Act was in 1992, when former President George H. W. Bush invoked it after four Los Angeles police officers were acquitted for beating Black motorist Rodney King, setting off days of unrest.
What People Are Saying
President Donald Trump wrote to Truth Social Thursday morning: “If the corrupt politicians of Minnesota don’t obey the law and stop the professional agitators and insurrectionists from attacking the Patriots of I.C.E., who are only trying to do their job, I will institute the INSURRECTION ACT, which many Presidents have done before me, and quickly put an end to the travesty that is taking place in that once great State. Thank you for you attention to this matter! President DJT”
Minnesota Governor Tim Walz, a Democrat, wrote to X Wednesday evening: “State investigators have been on the scene in North Minneapolis. I know you’re angry. I’m angry. What Donald Trump wants is violence in the streets. But Minnesota will remain an island of decency, of justice, of community, and of peace. Don’t give him what he wants.”
Minneapolis Mayor Jacob Frey, a Democrat, said during a press conference: “There’s still a lot that we don’t know at this time, but what I can tell you for certain is that this is not sustainable. This is an impossible situation that our city is presently being put in, and at the same time we are trying to find a way forward, to keep people safe, to protect our neighbors, to maintain order.”
What Happens Next
Trump has floated the use of the Insurrection Act, but has not said for sure he plans to use it. Tensions over ICE's presence in cities across the country could continue over the coming days and weeks.
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