CNN senior legal analyst Elie Honig acknowledged Monday that President Donald Trump has broad constitutional authority to invoke the Insurrection Act of 1807 in Minnesota amid escalating unrest tied to federal immigration enforcement. Honig described the legal power as “very broad,” allowing a president to deploy active-duty U.S. military — not just the National Guard — to restore order or enforce federal law.
Honig made the remarks on CNN News Central, explaining that the Insurrection Act permits the use of Army, Navy, Air Force and Marine forces in domestic disturbances under conditions of rebellion, insurrection or obstruction of federal law. She stressed, however, that the step would be “dramatic” and historically rare, suggesting it would be “wildly out of step” with previous presidential uses of the law.
The comments come as President Trump has publicly floated invoking the law if Minnesota officials fail to restrain what he calls “professional agitators and insurrectionists” attacking Immigration and Customs Enforcement (ICE) agents. Trump told reporters the law is not currently necessary but did not rule out future use.
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Tensions in Minneapolis and greater Minnesota surged after federal immigration operations led by ICE were expanded in response to violent incidents, including the fatal shooting of Minnesota resident Renee Good by an ICE agent on Jan. 7. Protests and clashes between demonstrators and federal agents have followed.
In preparation for possible escalation, the Pentagon has placed active-duty troops on standby for deployment to Minnesota, though such forces may not be used for domestic law enforcement without a formal invocation of the Insurrection Act.
While Honig emphasized the legal scope of presidential authority, she also framed the possible invocation as historically atypical. Previous uses of the Insurrection Act involved significant threats — such as the 1992 Los Angeles riots or enforcement of school integration — far surpassing the present circumstances, according to Honig’s commentary on CNN.
Critics of the federal response, including Minnesota Democratic Governor Tim Walz and Minneapolis Mayor Jacob Frey, have condemned aggressive immigration enforcement and denounced the idea of involuntary military deployment on state soil. Legal challenges have been filed citing constitutional concerns and the 10th Amendment.
This article originally appeared on American Faith and is reposted with permission.
