Democrats Urge Biden to Curb Trump’s Plan to Deploy Military Forces on Domestic Soil
Two senators are requesting the Biden administration to provide clarity on the circumstances that would permit the invocation of the Insurrection Act.
Two Democratic senators are calling on the Biden administration to take action to restrict President-elect Donald Trump’s capacity to utilize military forces within the United States following his inauguration.
The senators particularly urged Biden to elucidate the criteria under which the Insurrection Act—an 1807 federal statute empowering the president to deploy military force domestically—may be activated. They highlighted that this should only be used in extraordinary situations when state and local leaders are unable to manage an insurrection, rebellion, or civil disturbance and seek federal aid.
The correspondence also insisted on the enforcement of the Standing Rules for the Use of Force, mandating that any military action must be appropriate in terms of its intensity, duration, and scale.
Lastly, Warren and Blumenthal requested that the White House clarify the expectation for future administrations to seek Congressional approval prior to utilizing military forces on domestic soil.
“We urge you to clarify that the President must consult with Congress to the maximum extent practicable before exercising this authority, as well as transmit to the Federal Register the legal authorities,” the senators expressed.
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If the Biden administration were to enact such a directive, it would not be obligatory for the incoming Trump administration. After his inauguration on January 20, Trump could create his own policy directive, reversing the one from Biden.
Trump has signaled that he intends to use the military to assist in the deportation of undocumented immigrants, potentially leveraging the Insurrection Act in pursuit of this aim. Historically, this Act has seen limited application, with the most recent instance in 1992, when President George H.W. Bush called in 4,000 Army and Marines to help restore order during the Los Angeles riots.
In November, Trump responded affirmatively to a social media post suggesting that his second administration plans to “declare a national emergency and will use military assets” for a “mass deportation program.” It remains undefined whether he intends to direct the military to enforce immigration laws, allocate military resources for deportations, or explore different approaches.
Additionally, Trump has indicated he would utilize the Alien Enemies Act of 1798 as a component of his immigration strategy, aiming to “target and dismantle” cross-border criminal organizations. This historical law allows the president to detain, relocate, or deport individuals from countries with which the United States is at war, that have invaded the U.S., or have conducted “predatory incursions.”
The Alien Enemies Act has been invoked on three occasions, all during significant conflicts: the War of 1812, World War I, and World War II. Its last application was in 1942 when President Franklin D. Roosevelt ordered the military to relocate Japanese nationals and U.S. citizens of Japanese descent from the Pacific coastal areas following the Pearl Harbor attack.
