What is the Insurrection Act?

October 7, 2025

President Donald Trump has signed an executive order declaring an emergency at the US southern border and is considering invoking the Insurrection Act of 1807 to address immigration issues. This rarely used law would allow the president to deploy active-duty military personnel for law enforcement duties within the US, including arresting and detaining migrants. Trump has indicated he might use this power if federal courts prevent him from deploying National Guard troops for law enforcement missions.

Who is affected

Migrants at or crossing the southern border
Federal courts that have blocked some of Trump's immigration enforcement actions
National Guard and potentially active-duty military personnel
State and local governments who might face federal military intervention
US Border Patrol and law enforcement agencies
Alleged Venezuelan gang members transferred to a prison in El Salvador

What action is being taken

President Trump has signed an executive order declaring an emergency at the US southern border
The administration is conducting nationwide deportation sweeps
The government is transferring alleged Venezuelan gang members to a prison in El Salvador
Trump has requested recommendations from officials on whether to invoke the Insurrection Act
The administration is implementing sweeping measures targeting border control

Why it matters

The Insurrection Act would give the president broad powers to use military forces for domestic law enforcement
This represents a significant expansion of presidential authority through emergency declarations
It challenges traditional separation between military and domestic law enforcement established by the Posse Comitatus Act of 1878
The potential use of active-duty military personnel for immigration enforcement would be unprecedented in modern times
Border apprehensions have decreased to 6,300 in the last four months, lower than monthly averages during the Biden administration

What's next

No explicit next steps stated in the article

Read full article from source: BBC