How to Respond if Trump Invokes the Insurrection Act

 

As President Trump continues to dominate headlines, it's worth looking ahead to the possible use of the Insurrection Act—a centuries-old law that grants presidents sweeping powers to deploy the military domestically. One of Trump’s recent executive orders directs the Secretaries of Defense and Homeland Security to submit recommendations by April 20, including whether to invoke the Act to achieve “complete operational control” of the southern U.S. border.

Given Trump’s love of centralized power, invoking the Insurrection Act seems likely. Understanding how this could play out—and how people can respond strategically—could make all the difference.

What Is the Insurrection Act?

First passed in 1807 and barely updated since, the Insurrection Act allows the president to deploy the military in response to rebellions or obstruction of law. The modern version defines this vaguely as “unlawful obstructions, combinations, or assemblages.”

Under this law, the Posse Comitatus Act, which normally restricts military involvement in civilian law enforcement, is effectively suspended. This doesn’t mean martial law—the military is still meant to “assist” civilian authorities, not replace them—but it opens the door to potentially dangerous actions.

In practice, this could allow Trump to:

• Order military raids targeting undocumented immigrants.
• Use the Coast Guard to crack down on border crossings.
• Deploy Marines to suppress legal protests.

While courts can eventually review the legality of such actions, they typically do so only after violations have occurred. That gap leaves plenty of room for abuse.

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What Trump Might Do (Based on a Real Simulation)

I participated in a simulation with the Brennan Center for Justice, exploring what would happen if Trump invoked the Insurrection Act on day one of his presidency. Our scenario imagined a rapid rollout to militarize the border and assist ICE with mass arrests.

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What happened? Chaos.

• Military resistance: Officers, especially at NORTHCOM, were wary of using troops trained for combat in civilian settings. While they sent some personnel to the border, they resisted direct civilian engagement.
• Legal loopholes: The military sent orders to JAG for review—only to have them approved too quickly. Despite internal resistance, Trump pushed forward.
• Restructuring efforts: When military leaders slowed things down, Trump fired them and tried to reorganize command to give himself more control.
• Private militias: In frustration, Trump turned to right-wing militias and private contractors. In our scenario, one militia unit killed eight people at the border, triggering public outrage and forcing Trump to backtrack.

The key takeaways? Trump’s moves may shock and intimidate, but the military isn’t a monolith, and public resistance matters. The courts were slow, but public backlash—especially when violence surfaced—became a critical turning point.

What Can We Do?

It’s crucial not to react in panic but to prepare calmly and strategically. Here’s what helps:

• Stay informed: The current justification for invoking the Insurrection Act is focused on the border. That narrow scope matters. Widening it will require a pretext—likely some form of public violence.

• Avoid giving excuses: Trump’s team might encourage or provoke violent scenes, hoping to justify broader crackdowns. Avoid falling into the trap. Maintain nonviolence and discipline, especially at protests.

• Use creative resistance: Humor, art, and joyful action are powerful. Think mass dance parties, symbolic displays, or students setting up school desks outside the Department of Education—actions that are hard to demonize and easy for the public to support.

• Prepare for surveillance and suppression: ICE has already been targeting lawful protesters, and new executive orders aim to criminalize dissent. Expect more of this. Know your rights, protect your digital privacy, and support those being harassed or arrested.

• Build community resilience: Authoritarian regimes count on dividing people and spreading fear. Counter that with care, connection, and clear communication about what's happening—and what could be next.

Trump’s strategy thrives on chaos and fear. Ours must be clarity, courage, and collective action. The Insurrection Act is a serious threat—but it doesn’t have to be a winning move.