One of the first executive actions taken by Donald Trump after returning to the presidency on January 20, 2025, was the declaration of a “national emergency” along the U.S. southern border.
The executive order included a clause that could allow him to invoke the Insurrection Act of 1807 and deploy the military domestically as early as April 20—90 days after the order was signed.
The clause directed the Secretary of Defense and the Secretary of Homeland Security to submit a joint report to the President by the 90-day mark, outlining the situation at the border and recommending whether additional steps, including military deployment—are necessary to achieve “complete operational control.”
What Is the Insurrection Act?
The Insurrection Act of 1807 allows the U.S. President to deploy the military and National Guard domestically to enforce laws during extreme circumstances like rebellion, unrest, or resistance. It also gives the President power to override the Posse Comitatus Act, which typically prevents military involvement in civilian law enforcement.
Unlike martial law—which gives the military full administrative control—the Insurrection Act allows the President to use military force while keeping civil government structures intact.
Concerns About Misuse
Legal experts have long criticized the law as outdated and vague. According to the Brennan Center for Justice, the Act hasn’t been meaningfully updated in over 150 years and lacks clear definitions for critical terms like “insurrection” or “domestic violence,” making it vulnerable to misuse.
“The Insurrection Act grants the President sweeping powers to use the military against Americans under certain conditions, but the law’s broad language makes it dangerous,” the center warned.
What To Expect On April 20?
With less than a week remaining before the 90-day deadline, speculation is growing that Trump may invoke the Insurrection Act. Many believe the administration will take this step to tighten border control, especially after several announcements made in January.
On January 22, the Department of Defense said it would send 1,500 active-duty troops to the southern border, along with surveillance and intelligence support. Later, on January 29, Defense Secretary Pete Hegseth revealed plans to detain up to 30,000 criminal migrants at Guantanamo Bay, Cuba, in line with a future executive order.
Since then, however, the administration has provided no major updates. The final joint report from the Secretaries of Defense and Homeland Security has yet to be submitted to the President. This lack of clarity has fueled concerns that the Insurrection Act may soon be used to push through aggressive border control measures.
As the April 20 deadline approaches, all eyes remain on the White House for the next move.
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