What Is The Insurrection Act? Trump Hints At Using Law To Deploy National Guard

President Donald Trump told reporters in the Oval Office on Monday that he might invoke the Insurrection Act of 1807 if federal courts or local officials prevent him from deploying the National Guard for law enforcement purposes. The remarks came a day after a federal judge blocked the president’s order to send troops to Portland, Oregon, which Trump claims has been overtaken by left-wing “domestic terrorists.”Trump stated, “I do not see the need yet, but if I had to enact it, I’d do it, if people were being killed and courts were holding us up, or governors or mayors were holding us up.” He criticised judicial interference, calling the Portland ruling the act of a judge “who lost her way.”JUST IN: U.S. President Donald Trump says he is ready to invoke the Insurrection Act but it hasn’t been necessary so far. pic.twitter.com/Eef44vVuu0— AZ Intel (@AZ_Intel_) October 6, 2025 What Is the Insurrection Act?The Insurrection Act of 1807 is a federal law allowing the president to deploy US military forces or federalize state National Guard troops to suppress insurrections, rebellions, or lawless violence against the United States. Historically, the act has been invoked sparingly, mostly for civil disturbances, with a strong emphasis on federal-state coordination. Legal experts note that its use today could trigger significant constitutional and political disputes over federal authority versus local governance.White House deputy chief of staff Stephen Miller framed court rulings against Trump’s troop deployments as a “legal insurrection,” stating that some judges were overstepping powers reserved solely for the president. Miller added, “We need to have district courts in this country that see themselves as being under the laws and Constitution.”Trump’s Prior Flirtation With the LawTrump has previously indicated willingness to invoke the Insurrection Act, both during the 2024 campaign and at the end of his first term, when some supporters urged him to use federal troops to maintain power after his loss to President Joe Biden. While Trump’s latest comments signal readiness to act under extreme circumstances, legal analysts caution that any invocation would provoke intense scrutiny from federal courts, Congress, and civil rights groups, raising questions about the limits of executive power in domestic enforcement.