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By Gabe Whisnant
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President Donald Trump told reporters Friday that he sees no present reason to invoke the Insurrection Act in Minnesota amid protests over U.S. Immigration and Enforcement (ICE) operations.
Trump said at the White House before departing for Mar-a-Lago, "The Insurrection Act, which has been used by 48 percent of presidents...It's been used a lot. If I needed it, I'd use it. I don't think there's any reason right now to use it, but if I needed it I'd use it. It's very powerful."
Why It Matters
The Insurrection Act has not been used for decades, but Trump suggested Thursday in a post to Truth Social that he could use it to quell protests in Minneapolis. Minnesota officials have said ICE should depart Minneapolis and that they are responsible for increasing tensions in the city. Trump has floated using the Insurrection Act several times following his return to the White House last January.
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ICE is facing growing scrutiny over its tactics following the fatal shooting of Renee Nicole Good, a 37-year-old mother, on January 7 and the shooting of a migrant on January 14 in Minneapolis. There have been growing protests over the agency and the administration’s heightened immigration enforcement, which was a cornerstone of the president’s campaign in 2024.
What To Know
President Trump wrote to Truth Social Thursday morning: “If the corrupt politicians of Minnesota don’t obey the law and stop the professional agitators and insurrectionists from attacking the Patriots of I.C.E., who are only trying to do their job, I will institute the INSURRECTION ACT, which many Presidents have done before me, and quickly put an end to the travesty that is taking place in that once great State. Thank you for you attention to this matter! President DJT”
The Insurrection Act, first passed in 1792, gives the president authority to call the U.S. military for domestic use. It has been used numerous times throughout history, including during the Civil Rights era, to assist with school integration.
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The Insurrection Act contains several provisions passed by Congress between 1792 and 1871, according to the Brennan Center for Justice. It refers to Sections 251 through 255 of Title 10 of the U.S. Code.
“Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection,” Section 251 reads.
The Insurrection Act has been invoked numerous times throughout American history. Seventeen of the nation’s 45 presidents have formally invoked it — roughly 37%. The first formal use of the act occurred in 1808, when President Thomas Jefferson invoked the act to address violations of the Embargo Act around Lake Champlain. It was later used by President Andrew Jackson in 1831 during Nat Turner’s Rebellion, a protest over slavery in Virginia.
President Abraham Lincoln invoked the Insurrection Act in 1861 as several southern states seceded from the U.S. at the beginning of the Civil War. It was later used during the Reconstruction era.
Among the more notable uses was when President John F. Kennedy invoked the act for the purpose of integrating schools in Alabama and Mississippi. In 1965, President Lyndon B. Johnson federalized the Alabama National Guard to protect civil rights protesters traveling from Selma to Montgomery.
The most recent use of the Insurrection Act was in 1992, when former President George H. W. Bush invoked it after four Los Angeles police officers were acquitted for beating Black motorist Rodney King, setting off days of unrest.
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What People Are Saying
Illinois Attorney General Kwame Raoul said on Thursday that both he, and Minnesota AG Keith Ellison, both Democrats, are “prepared” if Trump followed through with his earlier threats to carry out the Insurrection Act: "Well, his threats with regards to the Insurrection Act are not new. He’s done so before with regards to California, Illinois," Raoul said on CNN Central News.
"And so, you never know what is true with regards to the president’s threats. However, he has carried out some unconstitutional acts consistently over the past year. And so, whatever he does, whether he tries to follow through on that, we are prepared. And I’m sure my colleague, General Ellison in Minnesota, is prepared to respond.”
Gov. Tim Walz, a Democrat, said on X, “I’m making a direct appeal to the President: Let’s turn the temperature down. Stop this campaign of retribution. This is not who we are."
Department of Homeland Security Secretary Kristi Noem said Thursday that DHS has “no plans to pull out of Minnesota": "We did discuss the Insurrection Act, Trump certainly has the constitutional authority to utilize that.”
What Happens Next
The unrest in Minneapolis is expected to continue. On Friday, protesters and law enforcement clashed again in front of the Whipple Building, where immigrants are processed after being arrested.
Updates: 1/16/26, 2:33 p.m. ET: This article was updated with new information and remarks.
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