President Donald Trump said he is considering invoking the Insurrection Act of 1807, a rarely used law that would allow the U.S. military to perform domestic law enforcement duties, if local or state officials obstruct his plans to deploy the National Guard to cities facing unrest.
Speaking to reporters in the Oval Office, Trump said he would use the authority “if it was necessary,” adding that his priority was ensuring public safety. The law, last invoked during the 1992 Los Angeles riots, permits a president to mobilize the armed forces to suppress civil disorder when local authorities cannot maintain order.
Trump’s comments followed a federal court ruling that blocked the administration from deploying federalized National Guard troops from California or other states to Portland, Oregon. U.S. District Judge Karin Immergut, a Trump appointee, also barred the deployment of Oregon’s own National Guard under federal command.
In a separate interview with Newsmax, Trump reiterated that he would avoid using the Insurrection Act unless conditions demanded it but described ongoing protests in Portland as “pure insurrection.” He accused local officials of allowing chaos to continue and said that federal intervention might be required to restore order.
The remarks come as Trump continues to criticize Democratic-led states for what he describes as failures to contain violent demonstrations. Governors and state officials, however, argue that the former president is attempting to escalate tensions to justify federal intervention.
Illinois Governor JB Pritzker said at a press conference that Trump’s approach was part of a broader strategy to provoke disorder and fear, framing peaceful protesters as threats to public safety. Pritzker’s administration filed a lawsuit on Monday to block any federalized deployment of the National Guard to Chicago, arguing that such an action would overstep constitutional boundaries. A judge declined to immediately block the move and scheduled a hearing later in the week.
California Governor Gavin Newsom has similarly resisted Trump’s attempts to federalize troops in his state, asserting that state authorities are capable of managing public order without military involvement.
Some of Trump’s allies, including former White House strategist Steve Bannon, have urged him to move forward with the Insurrection Act, arguing that military enforcement is necessary to counter persistent unrest in major cities. Bannon told NBC News that Trump should act “immediately” to deploy active-duty Army units to Portland and Chicago, framing the move as essential to restoring order.
The White House defended Trump’s position, accusing Democratic governors of ignoring widespread violence and insisting that the president’s actions are within his legal authority. In a statement, a White House spokesperson said Trump “will not turn a blind eye to the lawlessness plaguing American cities.”