Trump to invoke Insurrection Act of 1807 and then declare martial law? Know truth behind circulating rumors

Within ninety days, Trump directed both the defense and homeland security secretaries to hand in a joint report on the state of affairs at the southern border, along with suggestions for “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 date of the 90-day ultimatum is April 20.

Here’s what online rumors say about Trump invoking Insurrection Act, declaring martial law

One of the X users wrote, “So, @realDonaldTrump is finally doing it. He is going to sign for #martiallaw Should do the same in Europe!”, while another commented, “Are you ready for martial law on US Soil.”

In another post, @DNC_DonkeyRides recognized the reports of martial law but cautioned people to refrain from panic. “Martial law is trending again. Everyone’s talking about Trump’s border security EO from January 20. The DOD report drops April 20. Facts matter, so let’s hold off on the panic.”

The reports come after weeks of Homeland Security enforcement actions and deportations of illegal immigrants, including sending suspected gang members to an El Salvadorian prison center, even though majority of the men were without any criminal history in the US. In response to a question on Sunday regarding El Salvadorian President Nayib Bukele’s offer to accept American detainees, Trump said, “I love it.”

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Insurrection Act of 1807: What is it and will Trump invoke it?

The Insurrection Act of 1807, which is rarely invoked, gives the president authority to federalize the National Guard or use the federal military as civilian law enforcement to quell unruly demonstrations or other civil unrest.

After taking over the office, Trump signed an executive order imposing a national emergency at the US-Mexico border.

“Because of the gravity and emergency of this present danger and imminent threat, it is necessary for the Armed Forces to take all appropriate action to assist the Department of Homeland Security in obtaining full operational control of the southern border,” the executive order states.

Trump will soon receive the 90-day report on the southern border and the Secretary of Defense and the Secretary of Homeland Security will include, “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,” as per the executive order signed on January 20.

What is martial law?

Martial law is the term used to describe the suspension of civilian legal procedures in favor of military authority and its replacement of civilian governance with military rule.

Civil freedoms may be suspended while martial law is in effect, and it may last for a predetermined period of time or indefinitely.

In the United States, martial rule has been proclaimed at least 68 times, often by state and federal authorities, but not by a president since the Civil War.

Can Trump impose a martial law?

The Brennan Center for Justice claims that under existing legislation, Trump will not be able to impose martial law.

However, the Office of Justice Program of the U.S. Department of Justice holds a different view.

“In the United States, martial law may be declared by proclamation of the president or a state governor, but such a formal proclamation is not necessary. Nearly every state has a constitutional provision authorizing the government to impose martial law.”

Here’s what Snopes investigates says on martial law rumors

Snopes, the fact-checking website, acknowledged in an April 9 article, that the false rumors about Trump will invoke the Insurrection Act of 1807 and then impose martial law on April 20.

“As of this writing on April 9, this rumor existed more as a prediction than a provable claim,” Snopes stated.

“Searches of the websites for the Department of Defense, Department of Homeland Security and the White House yielded no announcements, statements or demonstrable evidence that might help to shed light on the unproven matter.”