President Donald Trump has not closed the door to using the Insurgency Act or declaring a national emergency around the mid-term elections in November.
And the possibility came out during an interview with TIME magazine, published on Thursday, when Trump was questioned about how far his presidential powers go and whether he contemplated using those powers during the electoral process.
“I’m not committing to anything,” Trump said, adding that first we’ll have to wait to know how the cases go in the courts.
The statement comes as, according to TIME, White House advisors have analyzed different scenarios ahead of the November elections. Among them is the possibility that the Democrats regain control of the House of Representatives, the Senate, or both chambers of Congress.
An administration official quoted by the magazine said that if the Democrats manage to recover any of the chambers, the government would have to adopt a more bipartisan strategy.
Trump, on the other hand, questioned polls that show unfavorable results for Republicans and called them “false.” He also warned that a return of the Democrats to control of Congress could open the door to a new impeachment attempt against him.
The president has already faced two political trials during his first term, although none ended with his removal.
The Insurrection Act of 1807 is a federal rule that allows the president to use military forces within the United States under certain circumstances related to an insurrection or obstruction of the laws.
The legislation also envisages the possibility of federalizing the National Guard of a state to enforce federal laws or respond to a situation that enters within the assumptions established by the norm.
This does not mean that the president can automatically resort to the law in case of any protest, riot or conflict. Its implementation is subject to the conditions established by legislation and has generated legal and political debates throughout the country’s history.
During his second term, Trump has already spoken publicly about the possibility of using this tool.
In June 2025, the president said he could resort to the Insurrection Act in response to the protests recorded in Los Angeles against migration operations. At that time, he even stated that he would use it “unquestionably” if he considered that the circumstances required it.
Months later, in October, he again mentioned the possibility of using the law in Portland, Oregon, where protests related to migration policies were also recorded.
In both cases, Trump described the protests as situations that could require a federal response, although he ultimately did not invoke the Insurrection Act in those cities.
Trump also came up with the use of troops in Minneapolis after an ICE agent killed Renee Good, an American citizen, during an operation.
The president then spoke of the possibility of using the Insurrection Act, but later said that there was no reason to invoke it in that case.
The background is relevant because it shows that Trump has publicly considered that tool in internal situations related to protests and immigration operations, although mentioning it does not equate to having it activated.
The last invocation of the Insurrection Act occurred in 1992, during the presidency of George H. Bush. by W. by Bush. The decision came during riots in Los Angeles, after four police officers were acquitted for the aggression against Rodney King. Images of the coup had provoked a strong public reaction and, following the verdict, sparked protests and episodes of violence in the city.
Bush then authorized the deployment of federal forces to help restore order.
It was approved in 1807, during the government of Thomas Jefferson, in a context related to the actions of former vice president Aaron Burr.
The Insurgency Act is not the only tool the federal government can use to deploy forces inside the country.
Trump has also resorted to Title 10, a part of the U.S. Code that establishes different powers related to the Armed Forces and allows certain deployments of the National Guard under federal authority.
The difference is important: using Title 10 does not necessarily mean that the president has invoked the Insurrection Act.
Therefore, Trump’s statement about the elections should be understood as a possibility he did not rule out, not as an order already issued.
The president’s response occurred as his administration analyzes what to do in the face of the different outcomes that could occur in the midterm elections.
Trump did not specify under what circumstances he would consider it necessary to declare a national emergency or use the Insurrection Act.
His response was to keep the possibility open and point out that it would have to wait to see what happens in the courts.
For now, there is no announcement that Trump will use the Insurgency Act during the elections.The confirmation is that, when asked directly about that possibility, he refused to rule it out.
