Since his return to office, Trump has repeatedly threatened to use the military against communities protesting his administration’s policies, while testing the limits of presidential authority to deploy federal troops on American soil. In the lead-up to the November 2026 midterm elections, these threats have increased amid the administration’s continued attacks on voting rights, election administration, and the independence of state and local officials.
These threats date back to Trump’s first term, when he considered invoking the Insurrection Act, a rarely used federal law that allows a president to deploy the U.S. military domestically under specific conditions, in response to the nationwide protests following George Floyd’s murder in 2020. After returning to office in 2025, Trump escalated his use of military force domestically. In June, he federalized California National Guard troops and deployed Marines to Los Angeles amid protests against violent immigration raids, over the objection of state and local leaders. Two months later, he deployed the National Guard to D.C. under the pretext of combating crime, then pursued or threatened similar deployments in other cities. In some cases, like Tennessee and Louisiana, the governor collaborated with Trump to deploy guard troops domestically.
These threats escalated again in January 2026, following widespread community resistance efforts opposing aggressive immigration enforcement operations in Minneapolis and across Minnesota. On January 7, an ICE agent shot and killed Renee Good, a 37-year-old mother, while she was watching agents as a community observer in South Minneapolis. Rather than de-escalate, the administration has surged ICE agents and expanded their raids, resulting in multiple instances of life-threatening violence across the country. To top it off, Trump threatened to invoke the Insurrection Act against protesters he accused of obstructing federal agents.
In the context of the midterm elections, these threats cannot be separated from Trump’s broader efforts to undermine democratic institutions and cast doubt on the legitimacy of American elections. Trump and his allies have continued promoting baseless allegations of widespread voter fraud, pushing to expand federal control over elections, and targeting election officials and jurisdictions that refuse to bend to their demands. Election deniers who helped perpetuate the lie that the 2020 election was stolen remain influential in his political movement, while renewed calls to seize voting machines or deploy federal personnel around elections have raised serious concerns about voter intimidation and federal interference.
An administration that has repeatedly demonstrated its willingness to use federal law enforcement and military power against communities exercising their constitutional rights is now facing the prospect of losing their grip on political power.
The Insurrection Act does not authorize the president to interfere with elections, seize voting machines, or deploy troops to polling places to intimidate voters. But Trump has tested those legal limits before, and we cannot afford to dismiss his threats as empty rhetoric.
We must be prepared for any possibility of this administration attempting to invoke the Insurrection Act, whether in response to protests, resistance to immigration enforcement, or Americans demanding their votes be counted and the winners seated. 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 what responses 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.
He can then deploy troops domestically to enforce laws, suppress unrest, or crack down on what he claims 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 Trump invokes the Insurrection Act, what happens next will depend on how broadly he attempts to use it. There’s a spectrum of possibilities, and no way to know exactly how far he would go. Given Trump’s previous and ongoing military deployments, rogue immigration enforcement operations, and repeated attacks on the integrity of American elections, several possibilities warrant particular attention:
- Threats to election security and voter participation: We could see attempts to deploy military personnel in response to election-related protests or alleged unrest, creating opportunities for intimidation and interference. The Insurrection Act does not authorize the president to take control of elections, seize voting machines, or intimidate voters at polling places.
- Continued military involvement in immigration raids. Protests, organizing, and dissent met with an increased military presence under the guise of “maintaining order.”
Although courts can challenge presidential decisions to invoke the Insurrection Act, judges have historically given presidents substantial discretion in deciding when military intervention is necessary. But the past year has shown us just how dangerous it is to rely on the courts alone to restrain this administration. From deploying troops over the objections of state and local officials to pressing forward with legally contested actions while challenges work their way through the courts, Trump has repeatedly tested the limits of executive power. Even when courts have intervened, legal proceedings have not always provided immediate relief.
That does not mean the president has unlimited authority or that the military can disregard constitutional protections, but it does mean that legal safeguards may not be enough to prevent harm before it occurs.
This administration’s actions have demonstrated a willingness to push the boundaries of federal authority. The stakes are even higher in every election leading up to 2029. Congressional oversight, legal challenges, public scrutiny, and coordinated community responses will be essential to confronting potential abuses of the Insurrection Act and protecting constitutional rights.
What Do We Do?
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 happens.
Actions to take now:
As Trump continues to abuse federal military power, impose aggressive immigration enforcement, and threaten invoking the Insurrection Act, the threat of potential interference in the upcoming elections is growing. Take action using the tools below to fight back and defend our democracy:
- Join Hands Off Our Vote
- Attend our No Kings trainings to get ready
- Take the pledge to defend our democracy!
Starting point for how we’d respond to an invocation:
- 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. If you are plugged into Hands Off Our Vote and No Kings, you will hear swiftly when it is time to act.
- Push Democrats at every level to meet the moment. Democratic elected officials must do more than issue statements, hold press conferences, or conduct oversight hearings that lead nowhere. Governors, state attorneys general, and local officials should use every available legal authority to challenge unlawful federal deployments and protect their communities. If Democrats regain control of either chamber of Congress, they must use that majority to pursue concrete action rather than settle for symbolic oversight. They cannot wait for another constitutional crisis to exercise the powers already available to them.
- 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.
- 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.
- 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.
- 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.