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By Mandy Taheri
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Nearly halfway through the 90-day deadline set by one of President Donald Trump's first executive orders upon reentering office, top national security officials are preparing a report on the U.S. southern border, which could determine whether Trump invokes the Insurrection Act of 1807.
Newsweek has reached out to the Department of Defense and Department of Homeland Security for comment via email on Saturday.
Why It Matters
Illegal immigration and border security are cornerstones of Trump's agenda. He has vowed to carry out the largest mass deportation effort in U.S. history, impose tariffs and strengthen border security to limit crossings. He campaigned on the proposals, which have widespread Republican support, and many voters backing his plans for immigration reform. Most Democrats oppose his approach but agree on the need for reform.
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The Insurrection Act of 1807 is a federal law that allows the president to deploy the military and National Guard to quell unrest, such as an insurrection or rebellion, or to enforce the law in certain situations.
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Critics worry that invoking the act would consolidate federal power and give Trump more leeway to use the military for domestic law enforcement or immigration enforcement.
The move comes less than two months into his presidency, during which he has strong Republican support but faces criticism from Democrats and others who warn his actions resemble authoritarian tendencies.
What To Know
One of Trump's first executive orders, signed the evening he took office on January 20, was titled, "Declaring a National Emergency at the Southern Border of the United States." In the order, he said "America's sovereignty is under attack," due to border crossings and declared a national emergency at the southern border.
Under Section 6 of the order, Trump directs Secretary of Defense Pete Hegseth and Secretary of Homeland Security Kristi Noem to submit a joint report on the border, including recommendations for actions that "may be necessary to obtain complete operational control of the southern border."
He specifically cites one option—"including whether to invoke the Insurrection Act of 1807."
The Act is outlined in a series of statutes under Title 10 of the U.S. States Code, with some of them dating back before 1807. The statutes grant the president the power use the military to put down a rebellion at the federal or state level.
Some worry that if department heads recommend invoking the act, the president—already accused of greatly expanding executive power—could gain more, backed by the armed forces.
The Trump administration has made border policy a priority, including proposals to end birthright citizenship and orchestrating U.S. Immigration and Customs Enforcement (ICE) raids in an effort to carry out mass deportations. Several of Trump's immigration-related policies are being challenged in the courts.
When Has Insurrection Act of 1807 Been Invoked?
The law is used only in extreme circumstances and has been invoked only a few times in the past century, most recently by President George H.W. Bush to quell the Los Angeles riots in 1992 after the police beating of Rodney King.
That followed mass unrest by tens of thousands of people that left 63 dead, around 2,300 injured and more than 12,000 arrested.
Other times the Act was invoked include when President Dwight D. Eisenhower ordered federal troops to escort Black students into Little Rock Central High School after Arkansas Governor Orval Faubus refused to comply with a federal desegregation order and during the 1967 Detroit Riot, which left 43 dead.
What People Are Saying
Homeland Security Secretary Kristi Noem, in a recent statement: "The drop in illegal border crossings has been fantastic: 95% since President Trump took office. We'll keep our military at the border until it is entirely closed."
Homeland Security Secretary Kristi Noem, on X, formerly Twitter, on Monday: "In February, there were just 8,326 apprehensions at the U.S. Mexico border. That is lowest number in recorded history. President @realDonaldTrump has delivered a powerful message and the world is taking notice: America's borders are CLOSED to lawbreakers."
President Donald Trump, in a March 4 address to Congress: "The territory to the immediate south of our border is now dominated entirely by criminal cartels that murder, rape, torture and exercise total control. They have total control over a whole nation. posing a grave threat to our national security."
Ruth Ben-Ghiat, a historian and political commentator, on X on Friday: "Americans, Trump is apparently now considering the invocation of the Insurrection Act. He has asked Hegseth & Noem to weigh in on the issue. Autocrats use such measures to speed power consolidation, repress protests and demonstrate force to the world."
White House spokesperson Kush Desai told Politico in February: "After four years of a lackadaisical approach to border security and immigration, every lever of executive power is now being marshaled to enforce our laws, mass deport criminal illegal immigrants, safeguard our borders, and put American citizens first."
Brett Wagner, a retired professor of national security decision making for the U.S. Naval War College, in an opinion piece in the San Francisco Chronicle on Wednesday: "Many of us are now holding our collective breath, knowing that the report and what it contains could put us on the slippery slope toward unchecked presidential power under a man with an affinity for ironfisted dictators."
What Happens Next?
Noem and Hegseth have 43 days until the report is due to the president.
Update 3/12/25, 9:45 a.m. ET: This article has been updated to include an additional comment from Noem.
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