The Insurrection Act: What is it and could Trump invoke it for National Guard?

Federal judge blocks guard deployment to Oregon

A Federal judge has blocked National Guard deployment to Oregon. Portland, Oregon Police Department Chief Bob Day joins LiveNOW from FOX with an update on the latest.

The legal fight continues over President Donald Trump’s deployment of federal troops in an attempt to crack down on crime in certain cities. 

Trump was asked Monday about the Insurrection Act as a way to get troops into the cities, and said he would be willing to invoke it if necessary.

Here’s what Trump said, and what it could mean if invoked: 

Trump Insurrection Act

What they're saying:

"I’d do it, if it was necessary. So far, it hasn’t been necessary. We have an Insurrection Act for a reason," he said. "If I had to enact it, I’d do it. If people were being killed, and courts were holding us up, or governors, or mayors were holding us up, sure I’d do that. I want to make sure people aren’t killed. We have to make sure our cities are safe."

President Trump full remarks

President Donald Trump delivered remarks from the Oval Office on Monday. Trump discussed Alaska minerals with his Energy Secretary Chris Wright.

The backstory:

Trump has mentioned invoking the Insurrection Act before, earlier this year in the weeks after his inauguration when he was signing executive orders and declared a state of emergency at the southern border. 

What is the Insurrection Act of 1807? 

Big picture view:

It allows the president to dispatch active duty military in states that are unable to put down an insurrection or are defying federal law.

The backstory:

Congress passed the act in 1792, just four years after the Constitution was ratified.

Presidents have invoked the law 40 times, some of those done multiple times for the same crisis. 

For example:

Lyndon Johnson invoked it three times — in Baltimore, Chicago and Washington — in response to the unrest in cities after the assassination of Dr. Martin Luther King Jr. in 1968.

George H.W. Bush was the last president to use the Insurrection Act, a response to riots in Los Angeles in 1992 after the acquittal of the white police officers who beat Black motorist Rodney King in an incident that was videotaped.

Trump National Guard cities

U.S. President Donald Trump speaks in the Oval Office at the White House on October 06, 2025 in Washington, D.C. (Photo by Anna Moneymaker/Getty Images)

Big picture view:

Trump envisions a stronger role for the military on U.S. soil and has said troops should consider American cities a "training ground."

The other side:

U.S. officials say the decisions to send federalized troops from Texas and California to other states are being made at the highest levels of the Trump administration, bypassing formal Pentagon policy processes that would normally be part of troop deployments.

While this dynamic is not unheard of, one official said, it’s typically used in situations like natural disasters where troops need to move out quickly before formal orders and authorizations. The officials all spoke on condition of anonymity to The Associated Press to discuss the internal situation.

IL, Chicago sue to stop Trump's National Guard plan

The state of Illinois and city of Chicago sued to block the Trump administration's plan to deploy the National Guard to the city.

RELATED: Judge temporarily blocks Trump administration from sending National Guard troops to Oregon

Meanwhile:

Leaders in Democrat-led Illinois, Oregon and California have sued over Trump’s deployment of federal troops, raising significant questions of constitutional law and federalism.

In the latest move, a Trump-appointed judge ruled to block the deployment to Portland.