What is the Insurrection Act? Here's what Trump has said about invoking it amid LA protests
Protests continued to roil Los Angeles, California for three days straight over the weekend, as demonstrators clashed with law enforcement across the greater area over a series of federal immigration raids.
The protests began Friday, June 6 after Homeland Security officials detained dozens of people across multiple locations in the city. By that evening, more than 100 people gathered at a downtown Los Angeles federal detention center where some immigrants had been held.
The demonstrations gained steam throughout the weekend in response to a Saturday morning gathering of Border Patrol agents the Latino suburb of Paramount and as National Guard troops deployed by President Donald Trump arrived in downtown Los Angeles Sunday, June 8.
Live updates: Gov. Newsom blames Trump for unruly protests
Timeline: LA protests went from small to substantial over three days. Here's what unfolded
The National Guard deployment, along with statements from Trump and other officials, has raised the specter of further executive actions while the administration takes a heavy hand in responding to the demonstrations and tensions escalate.
Trump was asked about the potential of invoking the Insurrection Act, an unprecedented move in recent memory, which would allow troops to directly participate in civilian law enforcement. Here's what to know.
The Insurrection Act is an 1807 law that empowers a president to deploy the U.S. military to suppress events like civil disorder.
'The Insurrection Act allows the president to deploy the military inside the United States and use it against Americans, making it one of the executive branch's most potent emergency powers,' according to a 2022 report by the Brennan Center for Justice.
It's also one of the oldest emergency powers available to the president, the center says, traced back to the Calling Forth Act of 1792. It's Congress's authority under the Constitution to 'provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions,' and is the primary exception to the Posse Comitatus Act, the center's experts say, under which federal military forces are generally barred from participating in civilian law enforcement activities.
In a social media post on Sunday, Trump called the demonstrators "violent, insurrectionist mobs" and said he was directing his cabinet officers "to take all such action necessary" to stop what he called riots.
When asked on Sunday by reporters if he was considering invoking the Insurrection Act, he said, "It depends on whether or not there's an insurrection." Prompted as to whether he thinks there currently is an insurrection, he said, "No, no, but you have violent people and we're not going to let them get away with it."
In Trump's presidential memorandum deploying "at least" 2,000 National Guard troops, he said the protests interfered with federal law enforcement and referred to the demonstrations as a 'form of rebellion' against the authority of the U.S. government.
It is the first time in decades a president has moved to deploy troops in such a manner without a governor's consent or explicit invitation, Reuters reported, and the move has prompted California Gov. Gavin Newsom to say he plans to sue the administration over the deployment.
Secretary of Defense Pete Hegseth said on X Friday that active duty Marines at its West Coast base were on 'high alert' and would be mobilized if 'violence continues,' claiming the demonstrations were a national security risk. In his statement on X, Hegseth repeated the unfounded claim of an invasion by immigrants facilitated by criminal organizations, a once-fringe theory that now undergirds the administration's immigration crackdown.
Senior White House aide Stephen Miller on Saturday condemned protests, posting on X: "This is a violent insurrection."
More: Videos show Waymo cars on fire amid LA protests; service reportedly suspended
In 230 years, the Act has been invoked in response to 30 crises, according to the Brennan Center for Justice report, but it has not always led to the actual deployment of troops.
The Insurrection Act has been used by past presidents to deploy troops within the U.S. in response to crises like the 1794 Whiskey Rebellion and the rise of the Ku Klux Klan in the immediate aftermath of the American Civil War, the Brennan Center says in a report that lists out the history of the act's use.
The law was last invoked by President George H.W. Bush in 1992, also in response to unrest and demonstrations in California. Unlike the current immigration raid protests, the governor of California at the time requested military aid to suppress unrest in Los Angeles following the Rodney King trial, after four white Los Angeles police officers were acquitted in their trial for beating the Black motorist. The unrest had already been mostly quelled by state-controlled National Guard troops before the federal troops arrived, the Brennan Center said.
Contributing: Reuters.
Kathryn Palmer is a national trending news reporter for USA TODAY. You can reach her at kapalmer@usatoday.com and on X @KathrynPlmr.
This article originally appeared on USA TODAY: What is the Insurrection Act? What President Trump has said about it
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