Could Trump invoke Insurrection Act – and what powers would that give him?

by | Apr 17, 2025 | World

Social media posts have warned for more than a month that President Donald Trump would declare martial law on April 20, which typically means suspending civil law while the military takes control of civilian functions such as courts.But many of the posts appeared to conflate martial law with the potential invocation of the Insurrection Act of 1807, which was mentioned in a recent executive order.
“I just learned about this executive order (section 6-b) which says Trump will invoke the Insurrection Act of 1807 on April 20th which will (amount) to declaring martial law,” a Reddit user posted on March 19. “That’s the end of the USA.”
The narrative spread beyond Reddit to Facebook posts and videos shared on TikTok, X and Threads.
Trump’s January 20 executive order declared a national emergency at the US southern border and required the defence and homeland security secretaries to submit a report on border conditions within 90 days. The report should include “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”, the executive order said. Advertisement
April 20 is the 90-day deadline.
Invoking the Insurrection Act would allow Trump to direct federal military personnel to enforce federal law at the US southern border. But legal experts told PolitiFact it would not amount to martial law. They said they do not see a clear path for Trump to lawfully implement martial law in the way it’s commonly understood. Trump, on his part, …

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