Trump signed an executive order declaring a national emergency at the southern border on Inauguration Day.
There is growing speculation that President Donald Trump will invoke the Insurrection Act of 1807 and impose martial law on April 20. This belief arises from an executive order he signed on Inauguration Day, which hinted at such actions potentially taking place within 90 days.
On January 20, Trump signed an executive order declaring a national emergency at the southern border. The order includes references to the possible use of the Insurrection Act as part of an effort to establish “complete operational control” of the border.
“Within 90 days of the date of this proclamation, the Secretary of Defense and the Secretary of Homeland Security shall submit a joint report to the President about the conditions at the southern border of the United States and 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,” reads the executive order.
The federal law allows the US President to deploy the military and the National Guard to curb unrest or to ensure the law is enforced in certain situations.
It can override the Posse Comitatus Act (which typically forbids the US military from taking participating in civilian law enforcement) and gives the President significant power to decide when and where to deploy US troops. It is however pertinent to note that the Insurrection Act is not the same as imposition of martial law.