Could Trump Invoke the Insurrection Act?

The rarely used law allows the president to deploy the U.S. military domestically

There’s been a spike in speculation lately—and yes, there’s a reason people are paying attention. The Trump administration is considering whether to invoke the Insurrection Act of 1807, a rarely used law that allows the president to deploy the U.S. military domestically under certain conditions.

The trigger? A report from DHS Secretary Kristi Noem and Defense Secretary Pete Hegseth, due to Trump on April 20, could include a recommendation to invoke the Act as part of Trump’s effort to "secure" the southern border.

But let’s be clear: this may not happen. Trump may decide the political climate isn’t right. He may worry about backlash or simply calculate that the move isn’t worth the trouble. There’s no guarantee he invokes the Act on April 20—or at all.

Still, we’d be foolish not to take the possibility seriously. This isn’t about fear. It’s about preparation. So we’re offering a clear-eyed explainer of what the Insurrection Act is, how it could be abused, and what kind of responses might be needed if it is invoked.

We’re not calling for mass action right now because the specifics of what would happen if Trump invoked the Act are important. We’re not predicting exactly what will happen. We’re inviting people to think ahead, talk to each other, and begin planning.

What is the Insurrection Act?

It’s a law from 1807, originally intended to let the federal government step in during extraordinary crises—rebellions, insurrections, situations where local governments couldn’t keep the peace. It was never meant to be a go-to tool for a president looking to flex, silence dissent, or bulldoze civil liberties. But in Trump’s hands, that’s exactly what it could become.

If a president invokes the Insurrection Act based on something happening at the southern border—say, claiming there’s an “invasion” or massive civil unrest—that justification opens the door to using military force anywhere in the United States.

It doesn’t mean the military stays at the border. It means the president has triggered a rarely used federal law that allows them to deploy troops domestically to enforce laws, suppress unrest, or crack down on what they claim is rebellion. And it doesn’t require state permission.

So yes, a so-called border emergency could result in military deployment in your backyard, even if you’re hundreds or thousands of miles away. That’s the danger of how broad and unchecked the Insurrection Act is—and why it’s so vulnerable to abuse by an authoritarian leader (if you want to learn more about the Insurrection Act and why Congress must reform it, you should dig into this great piece from the Brennan Center).

Why is Everyone Talking about April 20th?

On his first day back in office, Trump signed an executive order declaring a national emergency at the southern border. That order gave DHS Secretary Kristi Noem and Defense Secretary Pete Hegseth 90 days to recommend additional actions—including whether to invoke the Insurrection Act. The report is due on April 20.

We don’t know what the report will say. And even if it does recommend invoking the Act, we don’t know whether Trump will act on it.

But based on his past rhetoric and recent moves, it’s worth being prepared.

What Happens if Trump Invokes the Insurrection Act?

If Donald Trump invokes the Insurrection Act, what follows could vary widely. There’s a spectrum of possibilities—and no way to know exactly how far he would go until he does. But here’s what could be on the table:

• Troops deployed for domestic law enforcement—not just at the border, but potentially in cities across the country.

• Military involvement in immigration raids, including far from the southern border.

• Protests, organizing, and dissent met with an increased military presence under the guise of “maintaining order.”

• A dangerous precedent: an emboldened executive branch normalizing the use of military force in civil society.

And here’s the hard part: in the short term, there’s very little legal recourse. Courts often defer to the president on these questions, especially in the moment. That’s why public response, political pushback, and strategic pressure will be critical—if this happens.

So, What Do We Do?

Again: this isn’t a call to hit the streets today. But it is a call to prepare. Organizers, lawmakers, movement leaders, and everyday people should be ready to respond quickly and effectively if this escalation comes to pass.

Author and organizer Daniel Hunter has laid out one of the clearest roadmaps in his must-read piece, “What to do if the Insurrection Act is invoked” for Waging Nonviolence. He walks through what this could look like on the ground, and what tactics are available to us—from direct pressure, to legal defenses, to strategic ridicule.

Here’s a starting point for how we’d respond:

1. Sound the alarm — If it happens, we move fast to make sure people know what it is and why it matters. No euphemisms. No hedging. Just the truth.

2. Push Democrats at every level to meet the moment — We’ll need every Democratic elected official using their platform to expose and challenge this abuse of power. That includes governors preemptively activating their National Guards (which may prevent federal takeover), press conferences, legal challenges, and public pressure campaigns.

3. Stay calm, disciplined, and united — Trump wants chaos. Our power is in joyful, defiant, nonviolent action. We protect each other, stay coordinated, and refuse to play into his narrative.

4. Flip the script — If Trump claims to be stopping “insurrectionists,” we remind people that he pardoned the actual ones. We shine a light on the real threat: a president using military force to suppress dissent.

5. Use ridicule to deflate his power — Strongmen hate being mocked. So we mock. Through memes, theater, satire, and creativity, we show how ridiculous and weak this play really is.

6. Plan for the long haul — This may be the opening move in a broader power grab. So we stay ready. We build legal infrastructure, strengthen communication channels, and invest in our communities’ ability to respond.

This is a living document. We’ll keep updating it as the situation unfolds—with clear next steps, ways to plug in, legal resources, and tools to protect vulnerable communities. Right now, our job isn’t to panic. It’s to prepare.

- Indivisible