President Donald Trump is threatening to use the Insurrection Act in Minnesota to tamp down unrest and the pushback against ICE agents working in the state.
Trump gave the warning early Thursday, Jan. 15, in a post on Truth Social, his social media platform, after a federal agent shot a man in the leg Wednesday night in north Minneapolis and hundreds of protesters descended on the scene. The Department of Homeland Security said the officer fired defensive shots after being attacked with a snow shovel and broom.
“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,” Trump said.
What is the Insurrection Act of 1807?
The Insurrection Act of 1807 allows the president to send military forces, including active-duty troops and federalized National Guard units, to cities to suppress civil disorder and to enforce federal laws. The act has been invoked in response to 30 crises, most recently in 1992 to respond to the Los Angeles riots following the police beating of Rodney King, according to according to New York University’s Brennan Center for Justice. In 1957, President Dwight D. Eisenhower invoked the Insurrection Act to send federal troops to enforce the integration of schools in Little Rock, Ark.
The Supreme Court has ruled that the president alone can determine if the act’s conditions have been met.
The Posse Comitatus Act generally prohibits the president from deploying the military inside the United States. Invoking the Insurrection Act allows the president to temporarily override the Posse Comitatus Act and deploy active-duty military within the United States to enforce the law or suppress insurrections or rebellions in certain circumstances, including:
- When federal assistance is requested by a state’s governor or Legislature
- When “unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States” make it “impracticable” to enforce federal law
- To protect the constitutional rights of a state’s residents when state or local authorities are unable or unwilling to protect them
Minnesota officials criticized Trump’s threat.
Minneapolis Mayor Jacob Frey said his priority is keeping local law enforcement focused on public safety.