Insurrection Act and Troops on U.S. Streets

In 1957 the 101st Airborne escorted nine Black students into a Little Rock high school because the governor defied a court order. In 1921 the same law sent federal troops against several thousand armed coal miners at Blair Mountain. Both were the Insurrection Act. It has not been used since 1992, and a president can still reach for it with no vote, no time limit, and no duty to explain why.

By Resist Now Published Updated

What Is the Insurrection Act

The Insurrection Act is a set of federal laws that lets the president use the U.S. military or the National Guard inside the United States to put down an insurrection or to enforce the law when ordinary courts and police cannot. It carries out Congress’s constitutional power to call forth the militia to “execute the Laws of the Union, suppress Insurrections and repel Invasions.” It is the main legal way soldiers can act as police at home. The provisions date from 1792 to 1871 and are now codified at 10 U.S.C. 251-255.

The Act is the big exception to a rule most people assume is absolute. The Posse Comitatus Act of 1878 makes it a crime to use the military for civilian law enforcement, with up to two years in prison. The Insurrection Act is the hole Congress cut in that wall.

It is often called the Insurrection Act of 1807, but it is really a stack of laws passed between 1792 and 1871. The 1792 Calling Forth Act let the president summon state militias, and the 1807 law extended that power to the regular Army and Navy. Three sections carry the power today, and the wording of each is what makes it so elastic.

The Three Triggers, in the Statute's Own Words

SectionWhat it takesDoes a state have to ask?
10 U.S.C. 251An "insurrection in any State against its government"Yes. The state legislature, or the governor if the legislature cannot convene
10 U.S.C. 252"Unlawful obstructions, combinations, or assemblages, or rebellion" that make it "impracticable" to enforce federal law "by the ordinary course of judicial proceedings"No. The president decides alone
10 U.S.C. 253"Any insurrection, domestic violence, unlawful combination, or conspiracy" that deprives people of a constitutional right the state will not protect, or that obstructs federal lawNo. The president decides alone

Source: 10 U.S.C. 251-253, U.S. Code (govinfo)

None of those phrases is defined anywhere in the law. There is no test for when an obstruction becomes “unlawful” and no threshold for “impracticable.” Section 252 turns on what the president “considers,” and that judgment is the whole procedure.

The Insurrection Act adds troops to civilian government. It does not replace it. That makes it different from martial law, where the military takes over from civilian courts. Under the Insurrection Act, judges, mayors, and police keep working, and soldiers act as an added force.

Key facts

  • Two of its three triggers let the president send troops with no request from a state (10 U.S.C. 252).
  • It has been invoked in 30 crises. The last was Los Angeles in 1992 (Brennan Center).
  • No president has used it without a state’s request since the 1965 Selma march (Brennan Center).
  • In 1792, a federal judge had to certify that courts could not enforce the law first (1 Stat. 264).
  • As of October 14, 2026, it has been threatened but not invoked. Troops went to six cities under other laws (CBO).

Where the Insurrection Act Stands in October 2026

The short answer to “can the president send troops to my city” is yes, but the legal routes have narrowed, and the one with the fewest limits is this Act. In December 2025 the Supreme Court read the Guard call-up law the administration had been using to likely require a real exception to the Posse Comitatus Act first. The Insurrection Act is that exception. President Donald Trump has threatened to use it more than once and has not signed the proclamation it requires.

Where Each Part of the Insurrection Act Fight Stands

As of October 14, 2026

  • Insurrection Act invocation Law, unused since 1992

    No proclamation had been published in the Federal Register as of October 14, 2026. The last one was for the Los Angeles riots in May 1992. (source)

  • Border review ordered on day one Agency action, no invocation followed

    Proclamation 10886 of January 20, 2025 asked Defense and Homeland Security to report within 90 days on "whether to invoke the Insurrection Act." (source)

  • Threat over Minnesota Ended, threat only

    Trump threatened to invoke the Act on January 15, 2026, over protests in Minneapolis, and did not follow through. (source)

  • Guard call-up law (Section 12406) Blocked by a court, narrowed

    In Trump v. Illinois on December 23, 2025, the Supreme Court read "regular forces" to mean the military, which kept the Chicago deployment blocked and means the president likely needs an exception to the Posse Comitatus Act first. (source)

  • Troops at polling places Law, a crime

    Federal law bars troops at any polling place. In a letter reported September 1, 2026, Gen. Dan Caine wrote that the military has no plans to send troops to the polls. (source)

  • Reform bills (S. 2070, H.R. 4076) Proposal

    Both have sat in committee since June 2025, with 24 Senate and 43 House cosponsors. (source)

Source: Federal Register; Supreme Court of the United States; govinfo bill status; Associated Press via PBS; Military.com

Justice Brett Kavanaugh, concurring in the judgment, spelled out what the ruling left open. As he read it, the Court’s opinion “does not address the President’s authority under the Insurrection Act,” and it does not disturb the president’s long-claimed power to use the military to protect federal officers and buildings. Those are the two roads still open to a president who wants troops on a city street over a governor’s objection.

The 2026 midterms on November 3 are why the question feels urgent. Retired Maj. Gen. Steven Lepper, a former Air Force lawyer, told NPR in September 2026 that a disruption at polling places could be used to justify invoking the Act. Election officials told NPR they plan to run the election as usual. Whatever happens, a separate law still applies: it is a federal crime, punishable by up to five years, for any federal officer to bring “troops or armed men” to a polling place (18 U.S.C. 592). The Brennan Center argues the Insurrection Act is no exception to that law, though a 1968 Justice Department legal opinion claimed it is.

If Troops Show Up Where You Live

You keep your constitutional rights when soldiers are on the street. Troops deployed under the Insurrection Act may not violate them, and courts can hear lawsuits over what troops do once deployed. This is general information, not legal advice.

If troops arrive where you live

Pick the situation closest to yours. The first step in each is the safest one.

Troops or armed agents are at or near my polling place
  1. You can still vote. Stay in line unless you are in danger.
  2. If anyone threatens you or blocks the door, call 911.
  3. Call the Election Protection hotline at 866-OUR-VOTE (866-687-8683) and tell a poll worker.
  4. Write down the time, place, and any unit or agency markings you can see.

Federal law makes it a crime to bring "troops or armed men" to a polling place (18 U.S.C. 592). Our voter intimidation guide covers the rest.

Soldiers are at a protest I am attending
  1. Keep a safe distance and follow orders to move or disperse. Arguing on the spot does not help you.
  2. Do not touch equipment or resist physically, even if you think the order is unlawful.
  3. Record from a safe distance if you can do so without interfering.
  4. Challenge it later, with a lawyer or a group like the ACLU, not in the street.

The First Amendment still protects peaceful protest. Our guide to your rights at protests explains what police and troops can and cannot do.

Troops were sent to my city and I want to know if it is legal
  1. Find which law was used. The White House announcement or the court filings will name it.
  2. Check whether your governor asked for them. Troops under a governor follow different rules than troops under the president.
  3. Look up your state attorney general. Several states sued over the 2025 deployments.
  4. Tell your members of Congress where you stand, using the letter at the end of this page.

The Posse Comitatus Act explainer tracks the court status of every deployment since 2025.

How a President Invokes the Insurrection Act

Invoking the Act takes two documents: a proclamation ordering people to disperse, then an order sending troops. Little Rock in 1957 shows each step. Governor Orval Faubus had used the Arkansas National Guard to keep nine Black students out of Central High School, then pulled the Guard back and let a mob take over. Little Rock’s mayor and its congressman asked Washington for help, according to the National Archives.

How the Insurrection Act was invoked at Little Rock, 1957

  1. Before any order President decides the law applies The president concludes that one of the three triggers is met. No court or Congress signs off.
  2. Sept. 23, 1957 Proclamation to disperse Section 254 requires it. Proclamation 3204 ordered everyone obstructing the court order at Central High to "cease and desist" and disperse.
  3. Sept. 24, 1957 Order sending troops Executive Order 10730 federalized the Arkansas Guard and sent about 1,000 paratroopers of the 101st Airborne.
  4. While troops serve Troops enforce the court order Soldiers escorted the nine students into school. Courts can still hear claims that troops broke the law.

Sources: 10 U.S.C. 254 with the Code notes on Proclamation 3204 (U.S. Code, govinfo); National Archives, Executive Order 10730; Sterling v. Constantin (1932).

The U.S. Code’s notes record the same pairing of a proclamation and an executive order at Ole Miss in 1962 and twice in Alabama in 1963. The two steps are also why a threat alone is not an invocation. Until the proclamation is signed, the Posse Comitatus Act still binds federal troops.

The law’s own words are short. The core of Section 252 reads, in full: “Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.” Section 254 adds one sentence: the president “shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time.” The full text of all five sections runs under 500 words.

The Insurrection Act Is Not the Only Tool

Most domestic deployment of troops does not happen under the Insurrection Act. A president has several separate legal tools, and each carries different powers and different checks. When you read that troops were sent somewhere, the first question is which law, because that decides what they may do. The National Guard explainer sets out who commands the Guard under each one.

Five legal routes that put troops or military support on U.S. soil, and whether troops may act as police under each.

Legal routeWhat it doesCan troops act as police?
Insurrection Act (10 U.S.C. 251-255)Active-duty troops or a federalized Guard enforce the lawYes. This is the main exception to the Posse Comitatus Act
Guard call-up (10 U.S.C. 12406)Puts a state Guard under the president when he is "unable with the regular forces to execute the laws"Likely not. The Supreme Court read it to need a Posse Comitatus exception first
Title 32 dutyThe governor commands the Guard, and Washington paysNot barred by the Posse Comitatus Act, which does not reach troops under a governor
Claimed "protective power" (Article II)Troops guard federal officers and buildingsDisputed. The executive branch claims it; no statute grants it
National Emergencies Act (50 U.S.C. 1601)Unlocks support and logistics powersNo. It does not lift the Posse Comitatus Act

Source: 10 U.S.C. 251-255 and 12406; Trump v. Illinois (2025); CRS R42659; Brennan Center

The Insurrection Act is the strongest of these and has the fewest checks. After Trump v. Illinois, it is also the clearest remaining route for a president who wants federal troops doing domestic law enforcement over a governor’s objection. The Posse Comitatus Act explainer shows how command status decides which rules apply.

How Many Times Has the Insurrection Act Been Used?

The Insurrection Act has been invoked in 30 crises by 17 presidents, from 1794 to 1992, by the Brennan Center’s count. Its guide also lists three times troops were used without the steps the Act requires. Laid out together, they tell three stories, and only one of them is the story usually told.

The same law that escorted the Little Rock Nine into school was also invoked in four strikes and labor fights, including the Pullman Strike.

30 crises with a formal invocation, plus three uses of troops without one, 1794 to 1992.

33 events plotted from 1794 to 1992 Dot plot, one dot per event, positioned by year and colored by category. A labelled gap marks 34 years, no invocation. Full data follows in a table. 34 years, no invocation 1790 1810 1830 1850 1870 1890 1910 1930 1950 1970 1990 2010 2030 1794 — Whiskey Rebellion (George Washington) (Armed revolt against federal authority) 1799 — Fries's Rebellion (John Adams) (Armed revolt against federal authority) 1808 — Embargo Act enforcement (Thomas Jefferson) (Armed revolt against federal authority) 1831 — Arkansas-Texas border dispute (Andrew Jackson) (Other) 1831 — Nat Turner's Rebellion (Andrew Jackson) (Troops used without invoking the Act) 1834 — C&O Canal labor dispute (Andrew Jackson) (Troops used without invoking the Act) 1861 — Secession and the Civil War (Abraham Lincoln) (Armed revolt against federal authority) 1871 — Ku Klux Klan terror in South Carolina (Ulysses S. Grant) (Protecting civil rights) 1873 — Contested Louisiana election (Ulysses S. Grant) (Protecting civil rights) 1874 — Brooks-Baxter War (Ulysses S. Grant) (Other) 1874 — Vicksburg Massacre (Ulysses S. Grant) (Protecting civil rights) 1874 — White supremacist coup in New Orleans (Ulysses S. Grant) (Protecting civil rights) 1876 — South Carolina rifle clubs (Ulysses S. Grant) (Protecting civil rights) 1877 — Great Railroad Strike (Rutherford B. Hayes) (Strike or labor dispute) 1878 — Lincoln County War (Rutherford B. Hayes) (Other) 1882 — Arizona Territory raids and cattle theft (Chester A. Arthur) (Other) 1885 — Tacoma anti-Chinese expulsions (Grover Cleveland) (Protecting civil rights) 1886 — Seattle anti-Chinese riot (Grover Cleveland) (Protecting civil rights) 1894 — Pullman Strike (Grover Cleveland) (Strike or labor dispute) 1914 — Colorado Coalfield War (Woodrow Wilson) (Strike or labor dispute) 1921 — Battle of Blair Mountain (Warren G. Harding) (Strike or labor dispute) 1932 — Bonus Army (Herbert Hoover) (Troops used without invoking the Act) 1943 — Detroit riot (Franklin D. Roosevelt) (Riot or civil disorder) 1957 — Little Rock Nine (Dwight D. Eisenhower) (Protecting civil rights) 1962 — Ole Miss and James Meredith (John F. Kennedy) (Protecting civil rights) 1963 — Alabama school desegregation (John F. Kennedy) (Protecting civil rights) 1963 — Stand in the Schoolhouse Door (John F. Kennedy) (Protecting civil rights) 1965 — Selma to Montgomery march (Lyndon B. Johnson) (Protecting civil rights) 1967 — Detroit riots (Lyndon B. Johnson) (Riot or civil disorder) 1968 — Unrest after Dr. King was killed (Lyndon B. Johnson) (Riot or civil disorder) 1987 — Atlanta prison uprising (Ronald Reagan) (Other) 1989 — Virgin Islands after Hurricane Hugo (George H.W. Bush) (Riot or civil disorder) 1992 — Los Angeles riots (George H.W. Bush) (Riot or civil disorder)
  • Protecting civil rights 12
  • Riot or civil disorder 5
  • Other 5
  • Strike or labor dispute 4
  • Armed revolt against federal authority 4
  • Troops used without invoking the Act 3

Two clusters carry the record: Reconstruction in the 1870s and the civil rights era in the 1960s. Nothing since 1992.

Source: Brennan Center for Justice, Guide to Invocations of the Insurrection Act, appendix.

The same law that escorted the Little Rock Nine into school was also invoked in four strikes and labor fights, including the Pullman Strike.
YearEventCategory
1794 Whiskey Rebellion (George Washington) Armed revolt against federal authority
1799 Fries's Rebellion (John Adams) Armed revolt against federal authority
1808 Embargo Act enforcement (Thomas Jefferson) Armed revolt against federal authority
1831 Arkansas-Texas border dispute (Andrew Jackson) Other
1831 Nat Turner's Rebellion (Andrew Jackson) Troops used without invoking the Act
1834 C&O Canal labor dispute (Andrew Jackson) Troops used without invoking the Act
1861 Secession and the Civil War (Abraham Lincoln) Armed revolt against federal authority
1871 Ku Klux Klan terror in South Carolina (Ulysses S. Grant) Protecting civil rights
1873 Contested Louisiana election (Ulysses S. Grant) Protecting civil rights
1874 Brooks-Baxter War (Ulysses S. Grant) Other
1874 Vicksburg Massacre (Ulysses S. Grant) Protecting civil rights
1874 White supremacist coup in New Orleans (Ulysses S. Grant) Protecting civil rights
1876 South Carolina rifle clubs (Ulysses S. Grant) Protecting civil rights
1877 Great Railroad Strike (Rutherford B. Hayes) Strike or labor dispute
1878 Lincoln County War (Rutherford B. Hayes) Other
1882 Arizona Territory raids and cattle theft (Chester A. Arthur) Other
1885 Tacoma anti-Chinese expulsions (Grover Cleveland) Protecting civil rights
1886 Seattle anti-Chinese riot (Grover Cleveland) Protecting civil rights
1894 Pullman Strike (Grover Cleveland) Strike or labor dispute
1914 Colorado Coalfield War (Woodrow Wilson) Strike or labor dispute
1921 Battle of Blair Mountain (Warren G. Harding) Strike or labor dispute
1932 Bonus Army (Herbert Hoover) Troops used without invoking the Act
1943 Detroit riot (Franklin D. Roosevelt) Riot or civil disorder
1957 Little Rock Nine (Dwight D. Eisenhower) Protecting civil rights
1962 Ole Miss and James Meredith (John F. Kennedy) Protecting civil rights
1963 Alabama school desegregation (John F. Kennedy) Protecting civil rights
1963 Stand in the Schoolhouse Door (John F. Kennedy) Protecting civil rights
1965 Selma to Montgomery march (Lyndon B. Johnson) Protecting civil rights
1967 Detroit riots (Lyndon B. Johnson) Riot or civil disorder
1968 Unrest after Dr. King was killed (Lyndon B. Johnson) Riot or civil disorder
1987 Atlanta prison uprising (Ronald Reagan) Other
1989 Virgin Islands after Hurricane Hugo (George H.W. Bush) Riot or civil disorder
1992 Los Angeles riots (George H.W. Bush) Riot or civil disorder

The story usually told is the civil rights one, and it is real. 12 of the invocations put federal troops between Americans and the people trying to hurt them, and 5 of those came during the civil rights movement, from 1957 to 1965. Ulysses S. Grant invoked the Act in 6 crises, more than any president, to break the Ku Klux Klan and reverse a white supremacist coup in New Orleans. Grover Cleveland invoked it twice after white mobs drove Chinese immigrants out of Tacoma and tried to expel them from Seattle, where he sent troops to protect them. Dwight D. Eisenhower, John F. Kennedy, and Lyndon B. Johnson used it to desegregate schools and guard the Selma march.

The second story is labor. Presidents invoked the Act in 4 strikes and labor fights: the Great Railroad Strike of 1877, the Pullman Strike in 1894, which the Brennan Center says troops were sent to break, the Colorado Coalfield War in 1914, and the Battle of Blair Mountain in 1921. At Blair Mountain several thousand armed miners fought state police and coal company forces, and federal troops intervened on the side of the state. A fourth group is civil unrest: 5 deployments, from Detroit in 1943 to Los Angeles in 1992.

The third story gets less attention. The Brennan Center lists three times federal troops were used without the steps the Act requires, so none counts as a formal invocation. In 1831 troops helped put down Nat Turner’s Rebellion against slavery. In 1834 Andrew Jackson sent troops to a violent fight between rival crews of Irish canal workers in Maryland without the required proclamation. In 1932 the Hoover administration moved to clear the Bonus Army, thousands of World War I veterans camped in Washington to ask for their promised bonus, and the Army’s top officer, Gen. Douglas MacArthur, ignored the president’s limits and used force against them.

That record is why “the Act protected the Little Rock Nine” is true and incomplete.

Two centuries of the Insurrection Act, 1792-1992
  1. Whiskey Rebellion George Washington leads about 13,000 militiamen to suppress an armed tax revolt in Pennsylvania.
  2. Abraham Lincoln answers secession Lincoln invokes the Act after seven southern states secede, at the outbreak of the Civil War.
  3. Ku Klux Klan Act and Reconstruction Ulysses S. Grant invokes the Act in six crises through 1876 to crush Klan terror, reverse a coup in New Orleans, and protect Black citizens and voters.
  4. Pullman Strike broken Grover Cleveland deploys troops to break the strike, one of four labor fights in which the Act was invoked.
  5. Little Rock desegregation Eisenhower sends the 101st Airborne to escort nine Black students into Central High after the governor defies a court order.
  6. Ole Miss desegregation Kennedy deploys troops so James Meredith can enroll at the University of Mississippi.
  7. Los Angeles riots George H.W. Bush invokes the Act at Governor Pete Wilson’s request. The last invocation.

Sources: Brennan Center, Guide to Invocations of the Insurrection Act; National Archives, Executive Order 10730; 10 U.S.C. 252 notes.

Two centuries of the Insurrection Act, 1792-1992: 1794: Whiskey Rebellion (George Washington leads about 13,000 militiamen to suppress an armed tax revolt in Pennsylvania.). 1861: Abraham Lincoln answers secession (Lincoln invokes the Act after seven southern states secede, at the outbreak of the Civil War.). 1871: Ku Klux Klan Act and Reconstruction (Ulysses S. Grant invokes the Act in six crises through 1876 to crush Klan terror, reverse a coup in New Orleans, and protect Black citizens and voters.). 1894: Pullman Strike broken (Grover Cleveland deploys troops to break the strike, one of four labor fights in which the Act was invoked.). 1957: Little Rock desegregation (Eisenhower sends the 101st Airborne to escort nine Black students into Central High after the governor defies a court order.). 1962: Ole Miss desegregation (Kennedy deploys troops so James Meredith can enroll at the University of Mississippi.). 1992: Los Angeles riots (George H.W. Bush invokes the Act at Governor Pete Wilson’s request. The last invocation.).

1794: President Washington led roughly 13,000 militiamen to put down the Whiskey Rebellion, an armed revolt against a federal whiskey tax in western Pennsylvania.

1861: President Lincoln invoked the Act after seven southern states seceded, at the outbreak of the Civil War.

1871: Congress passed the Ku Klux Klan Act, and President Grant invoked the Insurrection Act in six crises through 1876 to break up Klan terror and protect Black citizens and their right to vote during the Reconstruction era.

1894: President Cleveland sent troops against the Pullman Strike, which had spread along rail lines from Chicago to California.

1957: President Eisenhower invoked the Act through Executive Order 10730 and sent about 1,000 paratroopers of the 101st Airborne to Little Rock after Governor Orval Faubus defied a federal desegregation order.

1962: President Kennedy used the Act so James Meredith could enroll at the University of Mississippi, and twice more in 1963 to desegregate schools in Alabama. Lyndon Johnson invoked it to protect the Selma march in 1965 and after riots in Detroit in 1967 and after Dr. King’s assassination in 1968.

1992: President George H.W. Bush invoked the Act at Governor Pete Wilson’s request during the Los Angeles riots, which killed 63 people. It was the last invocation.

At its best the Act was federal force used to make states obey the Constitution and court orders. At its worst, federal force under the Act or in its name was used against strikers, veterans, and enslaved people in revolt. Reform advocates such as the Brennan Center argue that this range is the reason to write limits into the law rather than trust the office.

Why the Insurrection Act Has So Few Checks

The Insurrection Act gives one person great discretion and almost nothing to limit it. The president “considers” whether enforcement is “impracticable,” and words like insurrection, rebellion, and unlawful combination are never defined. The Justice Department itself wrote in a 1964 memo that the law should be used in only three situations: a state asks for help, a federal court order must be enforced, or state and local law enforcement have “completely broken down,” as the Brennan Center recounts. That limit is a tradition, not a statute.

The first law had a real check. The 1792 Calling Forth Act let the president call out the militia against resistance to federal law only after a Supreme Court justice or a federal district judge notified him that the courts and marshals could not handle it. Militia from other states could stay only until 30 days into the next session of Congress. Later versions dropped both limits.

What a president needed before calling out troops to enforce federal law
1792 law A federal judge's notice that courts could not enforce the law
Today The president's own judgment. No judge, no time limit, no vote
Source: Act of May 2, 1792, 1 Stat. 264, sec. 2; 10 U.S.C. 252.
What a president needed before calling out troops to enforce federal law
PeriodValue
1792 lawA federal judge's notice that courts could not enforce the law
TodayThe president's own judgment. No judge, no time limit, no vote

The courts have mostly deferred. In Martin v. Mott in 1827 the Supreme Court called the president’s judgment “conclusive.” The Brennan Center points out the case was about a militiaman who refused to report, not about whether judges could review a deployment. In Sterling v. Constantin in 1932, the Court held that judges can review what troops do once deployed. In the 2025 Guard cases, the Ninth and Seventh Circuits both rejected the government’s claim that a president’s call-up was beyond review, though both gave the president’s judgment “a great level of deference,” in the Seventh Circuit’s words.

Congress has shown it can change the law quickly, in both directions. In October 2006 it added natural disasters and terrorist attacks to the triggers. In January 2008 it repealed that expansion and restored the old wording (10 U.S.C. 253 notes).

2 years maximum prison term under the Posse Comitatus Act for using the military as domestic police. The Congressional Research Service counts "but a handful of known prosecutions." Congressional Research Service, R42659

Troops in American Cities Since 2025

The Insurrection Act was never invoked, and troops went into American cities anyway. From June 2025 the administration sent the Guard or Marines into Los Angeles, Washington, Memphis, Portland, Chicago, and New Orleans, the Congressional Budget Office counted. The Trump administration used weaker laws: the Section 12406 National Guard call-up, Title 32 orders with a willing governor, and the D.C. National Guard, which answers to the president.

$496M
cost of the 2025 city troop deployments through December, per CBO
$93M
per month to keep those deployments at their end-of-2025 size
$18M+
per month for every 1,000 Guard members sent to a city in 2026
0
times the Insurrection Act itself was invoked

Courts pushed back on the federalized deployments. On September 2, 2025, Judge Charles Breyer found that troops in Los Angeles had willfully broken the Posse Comitatus Act, a ruling now on hold during the appeal. Judge Karin Immergut permanently blocked the Portland deployment on November 7, 2025. The Supreme Court kept the Chicago deployment blocked in December 2025. By January 2026 all three had ended.

The deployments outside the Posse Comitatus Act kept going. Nearly 5,000 Guard members patrolled Washington in July 2026, and the deployment has been extended to January 2029, NPR reported. The Posse Comitatus Act explainer tracks the court status of each city.

Threats did work of their own. Trump said in October 2025 that “we can always use the Insurrection Act if we want” as courts blocked his Guard deployments to Chicago and Portland. He threatened it again over Minneapolis on January 15, 2026. There, Immigration and Customs Enforcement (ICE) had sent 2,000 more officers and agents in early January for Operation Metro Surge, and protests grew after an ICE agent shot and killed Renee Good on January 7, the Associated Press reported. Each time the threat stopped short of a proclamation. The Brennan Center’s guide notes that in past crises “the mere threat of military intervention” was sometimes enough to resolve a crisis.

Lawful Use vs Abuse

The Insurrection Act is not inherently a tool of tyranny, and saying so weakens the case against misusing it. Little Rock was a lawful use. The honest question is how to tell a lawful invocation from an abusive one, and the Justice Department’s own 1964 test gives a starting point.

How to tell a lawful invocation from an abusive one.

Lawful useAbuse
Enforcing a federal court order a state is defying, as in Little RockOverriding a state that is defying no court order and has not lost control
A breakdown of order that state and local police cannot handleSuppressing lawful protest, which the First Amendment protects
A governor or legislature asks for helpSending troops over a governor's objection with no breakdown of order
Troops enforce federal law or civil rights protectionsTroops fight ordinary street crime, which is governed by state and local law

Source: Justice Department memo (1964) and Brennan Center; Newsom v. Trump (N.D. Cal., September 2, 2025)

The last row matters more than it looks. The Brennan Center notes that the Act lets troops enforce federal law and a narrow set of civil rights protections, not ordinary state crimes. And no statute overrides the Constitution: troops deployed under the Act still need a warrant to search a home. The Act governs troops at home; fighting abroad rests on votes like the 2001 war authorization, a separate law with its own limits.

What Reform Would Do

Reform keeps the emergency power and removes the room for abuse. There is broad agreement on how. The Brennan Center proposes defining the triggers, a seven-day limit unless Congress approves, and judicial review. In April 2024 a bipartisan American Law Institute group led by Bob Bauer, White House counsel to President Obama, and Jack Goldsmith, who ran the Justice Department’s Office of Legal Counsel under President George W. Bush, called for consulting governors, a 24-hour report to Congress, a 30-day limit, and a fast-track renewal process.

The Insurrection Act of 2025, S. 2070 from Senator Richard Blumenthal and H.R. 4076 from Representative Chris Deluzio, would write most of that into law. Here is what the Senate bill’s text does:

What the Insurrection Act of 2025 (S. 2070) would change

TodayUnder S. 2070
No report to CongressA written report to congressional leaders with the proclamation
No time limitAuthority ends after 7 days unless Congress passes a resolution of approval, which lasts 14 days and can be renewed
No fast voteCommittees are discharged after 3 days, so a vote cannot be buried
Courts mostly deferAnyone injured, including a state, can sue, with a direct appeal to the Supreme Court
No stated standardTroops are "a last resort," after state, local, and federal civilian police cannot handle it

Source: S. 2070, 119th Congress, as introduced (govinfo)

Both bills were referred to committee in June 2025 and have seen no action since. S. 2070 has 24 cosponsors, 23 Democrats and one independent. H.R. 4076 has 43, all Democrats (govinfo bill status, October 2026).

Frequently Asked Questions

How many times has the Insurrection Act been used?
The Brennan Center counts 30 crises in which a president invoked it, from the Whiskey Rebellion in 1794 to the Los Angeles riots in 1992. Its guide lists three more uses of troops, such as against the Bonus Army in 1932, that skipped the steps the Act requires. No president has invoked it since 1992.

How many presidents have used the Insurrection Act?
17 presidents have invoked it, from George Washington in 1794 to George H.W. Bush in 1992. Ulysses S. Grant used it most, in 6 crises, all during Reconstruction.

Did Trump invoke the Insurrection Act?
No. As of October 14, 2026, President Trump had threatened to invoke it, over Chicago and Portland in October 2025 and over Minneapolis on January 15, 2026, but no proclamation invoking it had been published. The troops sent to cities since 2025 went under other laws.

What does it mean to invoke the Insurrection Act?
It means the president formally uses it. He signs a proclamation ordering people to disperse, as Section 254 requires, then orders troops in. A threat or a study is not an invocation.

Can the president deploy the military on U.S. soil?
Only under a law that allows it. The Posse Comitatus Act makes it a crime to use the Army, Navy, Marine Corps, Air Force or Space Force as police, and the Insurrection Act is the main exception. Two of its three triggers let the president send troops without a request from the state.

Is the Insurrection Act the same as martial law?
No. Under martial law the military replaces civilian courts and government. Under the Insurrection Act, civilian government keeps running and troops act as an added force. The Brennan Center notes that no current law lets a president declare martial law.

Is the Insurrection Act related to the 14th Amendment's insurrection clause?
No. Section 3 of the 14th Amendment bars people who engaged in insurrection after taking an oath from holding office. The Insurrection Act is about using troops. The Supreme Court ruled in Trump v. Anderson in 2024 that states cannot enforce Section 3 against federal candidates.

Can troops be sent to polling places?
Federal law says no. It is a crime for a federal officer to bring “troops or armed men” to a polling place. The Brennan Center argues the Insurrection Act does not override that law, though a 1968 Justice Department legal opinion said it does. If you see troops at a polling place, call 866-OUR-VOTE.

What You Can Do

  1. If troops are near you now, use the situation guide above. It covers polling places, protests, and how to tell which law was used.

  2. Plan your vote for November 3, 2026. Know your polling place and the voter intimidation guide, so a rumor of troops at the polls does not keep you home.

  3. Learn the other routes, so a headline cannot mislead you. The Posse Comitatus Act and national emergency powers explainers cover the related laws a president can use.

  4. Read the record. See how Guard troops were used in Los Angeles a year after the ICE raids and what happened when military leaders spoke up and were purged.

  5. Ask your members of Congress to cosponsor S. 2070 and H.R. 4076. Ask for a seven-day limit, a report to Congress, and a role for the courts. Use the letter below.

Write Your Rep ↓