One of the first executive orders of US President Donald Trump's second term was the declaration of a "national emergency" along United States' border with Mexico. The order came with a clause that Trump might "invoke the Insurrection Act of 1807 " and possibly deploy the US military on America's soil on April 20, ninety days after the executive order was signed.
The clause in the January 20 executive order stated, "Within 90 days of the date of this proclamation, the secretary of defence and the secretary of homeland security shall submit a joint report to the President about the conditions at the southern border of the United States and any recommendations regarding additional actions that may be necessary to obtain complete operational control of the southern border, including whether to invoke the Insurrection Act of 1807."
Insurrection Act of 1807
It states that the President of the United States may permit the deployment of the US military and the National Guard for law enforcement in certain conditions. It authorizes the military to suppress any rebellion, uprising, or any act of violence or resistance, including those by citizens.
The Insurrection law overrides the Posse Comitatus Act, which is normally in place at all times, and prohibits the US military from participating or interfering in civil law enforcement. It also gives the President, who is the commander-and-chief of the US armed forces, complete powers to decide if, when, and where to deploy US troops within the United States of America.
Insurrection Act and martial law
When the martial law is in force, the military takes over the role of civilian government, while the Insurrection Act allows the military to only assist the civilian authorities, and not replace them.
Legal opinions on Insurrection Act
Legal experts have for long called for an "urgent" reform the Insurrection Act, calling it "archaic' and "dangerously vague." According to the Brennan Center for Justice, for example, "the Insurrection Act needs a major overhaul." The Brennan Center argues that while there are rare circumstances under which it could be "necessary" to deploy the US military against Americans under certain conditions, the law is "dangerously overbroad and ripe for abuse."
What could happen on April 20?
On January 22, the US Department of Defence had announced it would be sending 1,500 active-duty service members to the southern border along with additional air and intelligence assets to assist federal agencies and branches of service working to enforce border security .
In an update on January 29, defence secretary Pete Hegseth affirmed his department intends to house up to 30,000 criminal migrants at Guantanamo Bay, Cuba, following Trump's announcement he would sign an executive order directing the Department of Defence to do so.
However, since then, no significant update has been shared. The secretary of defence and the secretary of homeland security are yet to submit their final report to the US President, and brief him on the mission's achievement so far.
The clause in the January 20 executive order stated, "Within 90 days of the date of this proclamation, the secretary of defence and the secretary of homeland security shall submit a joint report to the President about the conditions at the southern border of the United States and any recommendations regarding additional actions that may be necessary to obtain complete operational control of the southern border, including whether to invoke the Insurrection Act of 1807."
Insurrection Act of 1807
It states that the President of the United States may permit the deployment of the US military and the National Guard for law enforcement in certain conditions. It authorizes the military to suppress any rebellion, uprising, or any act of violence or resistance, including those by citizens.
The Insurrection law overrides the Posse Comitatus Act, which is normally in place at all times, and prohibits the US military from participating or interfering in civil law enforcement. It also gives the President, who is the commander-and-chief of the US armed forces, complete powers to decide if, when, and where to deploy US troops within the United States of America.
Insurrection Act and martial law
When the martial law is in force, the military takes over the role of civilian government, while the Insurrection Act allows the military to only assist the civilian authorities, and not replace them.
Legal opinions on Insurrection Act
Legal experts have for long called for an "urgent" reform the Insurrection Act, calling it "archaic' and "dangerously vague." According to the Brennan Center for Justice, for example, "the Insurrection Act needs a major overhaul." The Brennan Center argues that while there are rare circumstances under which it could be "necessary" to deploy the US military against Americans under certain conditions, the law is "dangerously overbroad and ripe for abuse."
What could happen on April 20?
On January 22, the US Department of Defence had announced it would be sending 1,500 active-duty service members to the southern border along with additional air and intelligence assets to assist federal agencies and branches of service working to enforce border security .
In an update on January 29, defence secretary Pete Hegseth affirmed his department intends to house up to 30,000 criminal migrants at Guantanamo Bay, Cuba, following Trump's announcement he would sign an executive order directing the Department of Defence to do so.
However, since then, no significant update has been shared. The secretary of defence and the secretary of homeland security are yet to submit their final report to the US President, and brief him on the mission's achievement so far.
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