Donald Trump signed an order on Jan 20 which allowed for possible military deployement in 90 days.
One of the first executive orders that Donald Trump signed when he assumed office as US President on January 20 was to declare a "national emergency" along the southern border of the United States. That order had a rider to it - that President Trump might "invoke the Insurrection Act of 1807" and possibly deploy the military on US soil on April 20 - ninety days after the executive order was signed.
The rider or clause in President Trump's executive order on January 20 stated that "Within 90 days of the date of this proclamation, the Secretary of Defence and the Secretary of Homeland Security shall submit a joint report to the President about the conditions at the southern border of the United States and any recommendations regarding additional actions that may be necessary to obtain complete operational control of the southern border, including whether to invoke the Insurrection Act of 1807."
WHAT IS THE INSURRECTION ACT OF 1807?
According to the Insurrection Act of 1807, the President of the United States may permit the deployment of the military and the US National Guard to ensure that the law is enforced in certain conditions and situations. It authorizes the military to completely suppress any rebellion, uprising, or any act of violence or resistance, including that by citizens.
The Insurrection Act has the powers to override the Posse Comitatus Act, which is normally in place at all times, and prohibits the US military from participating or interfering in any civil law enforcement. It also gives the US President - the commander-and-chief of the US armed forces - complete powers to decide if, when, and where to deploy US troops within the United States of America.
IS THE INSURRECTION ACT SAME AS MARTIAL LAW?
The Insurrection Act however, is somewhat different from a martial law. While a martial law gives complete control of administration and running of the states affairs to a military general - usually the chief of defence staff or the army chief - the Insurrection Act keeps the powers of the state and administration with the US President, who selective uses military powers to enforce law and order.
In other words, while a martial law allows the military to take over the role of civilian government in an emergency, the Insurrection Act allows the military to only assist the civilian authorities, not take their place.
'IT CAN BE MISUSED'
Legal experts have for long argued that the Insurrection Act of 1807 is archaic, dangerously vague, and in urgent need of reform. According to the Brennan Center for Justice "the Insurrection Act needs a major overhaul." It argues that the Insurrection Act "grants the President the authority to deploy the US military domestically and use it against Americans under certain conditions. While there are rare circumstances in which such authority might be necessary, the law, which has not been meaningfully updated in over 150 years, is dangerously overbroad and ripe for abuse."
The advocacy group also says that "Nothing in the text of the Insurrection Act defines 'insurrection,' 'rebellion,' 'domestic violence,' or any of the other key terms used in setting forth the prerequisites for deployment." This, it argues, makes it dangerous for misuse.
WHAT WILL HAPPEN ON APRIL 20?
With less than a week to go for the 90-day period mentioned in his Jan 20 executive order to be over, a significant chunk of the US population now believes that President Donald Trump will indeed "invoke the Insurrection Act" and deploy the military on April 20.
On January 22, 2025, two days after Trump's executive order, the US Department of Defence had announced that it would be sending 1,500 active-duty service members to the southern border along with additional air and intelligence assets to assist other federal agencies and branches of service that are working to enforce border security.
In an update on January 29, 2025, Secretary of Defence Pete Hegseth affirmed that his department intends to house up to 30,000 criminal migrants at Guantanamo Bay, Cuba, following the President's announcement that he would sign an executive order directing the Department of Defence to do so.
But since then, no significant update has been shared. The Secretary of Defence and the Secretary of Homeland Security are yet to submit their final report to the US President, and brief him on the mission's achievement so far. That is one of the reasons that several people are convinced the archaic law will soon be enforced to gain "full control of the southern border" - which is the goal of the current administration.
