One of the first executive orders of Donald Trump, the president of the United States’s second term was the declaration of a “national emergency” along United States’ border with Mexico. The order came with a clause that Trump might invoke the “The 1807 Insurrection Act” and possibly deploy the US military on America’s soil on April 20, ninety days after the executive order was signed.
The secretary of defense and the director of homeland security may send a joint statement to the President about the state of the United States ‘ southern borders and any advice regarding additional measures that might be required to achieve full operational control of the southern borders, including whether to invoke the The 1807 Insurrection Act, within 90 days of the date of this statement.
The 1807 Insurrection Act
In some circumstances, the President of the United States does allow the implementation of the US government and the National Guard for law enforcement. It authorizes the military to halt any rebellion, demonstration, or act of violence or opposition, including those committed by citizens.
The Posse Comitatus Act, which is in effect at all times, is replaced by the Insurrection law, which forbids the US government from engaging in or interfering with civil laws protection. Additionally, it gives the President, who is the US armed forces ‘ commander-and-chief, full authority to decide when, when, and where to place US forces within the country.
The military law and the Insurrection Act
The military assumes the role of civil government when martial law is in effect, but the Insurrection Act just allows the military to help the civilian authorities and not act in their place.
Insurrection Act authorized thoughts
Legitimate experts have long advocated for a “urgent” revision of the Insurrection Act, calling it “archaic” and “perversely nebulous.” The Insurrection Act, for instance, needs a big reform, according to the Brennan Center for Justice. The Brennan Center contends that while there are “rare circumstances” where the law may apply, it is “perversely overbroad and mature for mistreatment.”
What might occur on April 20?
The US Department of Defense announced on January 22 that it would send 1,500 active-duty service members to the southern border in addition to more air and intelligence assets to support federal agencies and branches of government in implementing border security.
Following Trump’s statement that he would sign an executive purchase directing the Department of Defense to do so, defense secretary Pete Hegseth confirmed in an upgrade on January 29 that his office plans to building up to 30 000 legal migrants at Guantanamo Bay, Cuba.
No substantial updates have been shared since then, though. The secretary of homeland security and the secretary of defense have not yet submitted their ultimate reports to the US President to let him know how successful the mission has been so far.
