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Could Trump Invoke the Insurrection Act? What to Know—and How to Prepare

Could Trump Invoke the Insurrection Act? What to Know—and How to Prepare

The Insurrection Act gives the president sweeping power to deploy the military inside the U.S. Trump has promised to use it on Day One. Here's what that means, why everyone is talking about it, and how we begin to prepare if it happens.

The Trump administration is once again threatening to invoke the Insurrection Act, a rarely used federal law that allows a president to deploy the U.S. military domestically under specific conditions. These threats come amid community resistance efforts in Minneapolis and across Minnesota, which erupted after the Department of Homeland Security (DHS) surged hundreds of masked ICE agents into the state to conduct violent raids. On January 7, 2026, one of these operations resulted in the killing of Renee Good, a 37-year-old mother who was shot in the face by ICE while watching agents as a community observer in South Minneapolis. Since then, ICE has only escalated tensions with the community by surging more agents and expanding their raids, resulting in multiple instances of life-threatening violence. 

In response to the protests, Trump has publicly threatened to invoke the Insurrection Act, asserting in social media posts that state and local officials have “failed to control” what he and his allies describe as violent “agitators” targeting federal personnel. His threat echoes previous attempts to leverage the Act in other cities and states during protests. 

We must understand this moment for what it is: Donald Trump is threatening to deploy active duty military to shield lawless, violent ICE operations from lawful, nonviolent community observation and accountability. If he truly acts on it, it would only serve to escalate conditions on the ground, spreading fear, suppressing dissent, and enabling rogue ICE agents to continue abducting and disappearing people from their neighborhoods with impunity.

It’s clear the Trump administration is seriously considering invoking the Insurrection Act; we would be foolish not to take this threat seriously, too. To ensure our movement is prepared, we’re offering a clear-eyed explainer of what the Insurrection Act is, how it can be abused, and the kinds of responses that may be necessary if it is invoked.

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).

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 we fear may follow if the Insurrection Act is abused:

  • 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.

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.

Actions to take now:

We cannot wait for the Insurrection Act to be invoked before acting. Every Democratic elected official must use their platform now to expose and confront this abuse of power. At a moment when Trump is openly threatening to invoke the Insurrection Act to shield ICE’s lawless operations, it is more important than ever to rein in this agency and deny it the unchecked power it is seeking. Congress MUST demand an end to these reckless immigration raids, and withhold their votes from any bill that would add to ICE’s already massive budget. Take action using the tools below: 

  1. Senate Call Tool 
  2. House Call Tool
  3. Email to Both Chambers

Starting point for how we’d respond to an invocation:

  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.

Actions You Can Take Now