Could Trump invoke another rarely-used law at the border?

In Washington DC, President Donald Trump has returned to the White House and is taking action regarding the situation at the US southern border with Mexico. On his first day back, he signed an executive order declaring a state of emergency at the border. This order is significant because it allows him to consider using a rarely invoked law from the 19th century known as the Insurrection Act of 1807. This law permits the President to deploy active-duty military personnel for law enforcement duties within the United States. Trump has directed his top officials, including Defence Secretary Pete Hegseth and Homeland Security chief Kristi Noem, to evaluate whether this law should be invoked in response to ongoing immigration issues. They are expected to announce their recommendations later this week. Since Trump has returned to office, he has made it a priority to address illegal immigration, and as a result, border crossings have reached their lowest levels in 25 years. However, the Insurrection Act could potentially expand the powers of the President even further. The Insurrection Act of 1807 is a law that allows the President to use military personnel to enforce laws in the US. This includes the National Guard, which is a military branch typically reserved for domestic emergencies. The law states that the President can invoke it if there are unlawful actions or rebellions that make it difficult to enforce US laws through regular judicial processes. If the law is invoked, troops could be assigned various tasks, such as controlling civil unrest, enforcing court orders, and detaining migrants. The broad language of the Insurrection Act gives the President significant discretion in deciding when to mobilize military forces for domestic operations. Trump is interested in using this law because he has consistently promised to take strong action against illegal immigration. He has referred to the situation at the southern border as a national emergency and believes that invoking the Insurrection Act could help manage the situation more effectively. On his first day in office, he requested recommendations on additional actions needed to gain complete control of the southern border, including the possibility of invoking the Insurrection Act. His administration has already implemented several measures aimed at addressing border issues, including a nationwide deportation sweep and the controversial decision to transfer alleged gang members to a prison in El Salvador, which is currently facing legal challenges. Recently, the US Border Patrol reported only 8,300 migrant apprehensions, marking the lowest number of border crossings since the year 2000. The Insurrection Act has been used a few times throughout American history. For instance, President Abraham Lincoln invoked it during the Civil War when southern states rebelled against the government. Former President Ulysses S Grant also used it to combat violence from the Ku Klux Klan after the Civil War. In the 20th century, President Dwight D Eisenhower invoked the law to ensure that black students could attend high school in Little Rock, Arkansas, after the governor refused to comply with a federal desegregation order. More recently, in 1992, President George Bush used the Insurrection Act to send active-duty military personnel to Los Angeles during riots that erupted following the acquittal of four police officers in the beating of Rodney King. However, there are limitations to the use of the Insurrection Act. The US government has historically sought to limit the military's role in domestic law enforcement, particularly against its own citizens. The Posse Comitatus Act of 1878 was enacted to prevent the military from acting as law enforcement within the United States. In times of unrest, states typically deploy the National Guard to help maintain order. Since returning to office, Trump has expanded his authority by declaring national emergencies, which grants him access to powers and resources that are usually restricted. He has used this authority to impose tariffs and take action on immigration. In March, following his emergency declaration at the border, Trump invoked the Alien Enemies Act of 1798 to deport migrants he claimed were gang members. If Trump decides to invoke the Insurrection Act, it remains uncertain what legal challenges he might encounter.