EXPLAINED: What is the Insurrection Act? Trump eyes controversial 1807 law to crush 'violent, insurrectionist mobs' in Los Angeles

As protests continue in Los Angeles over the Trump administration’s immigration crackdown, questions are growing about how far former President Donald Trump may go to crack down on dissent.

Trump hints at using the Insurrection Act

Asked if he would invoke the Insurrection Act in response to protests in LA, Trump reporters in the Oval Office, "If there’s an insurrection, I would certainly invoke it. We’ll see." The last time this law was used was during the 1992 Los Angeles riots.

Asked how he would determine if there was an “insurrection”, Trump said he would “take a look at what’s happening”, adding that he believed there were parts of LA that seemed to experience an “insurrection”.

Trump repeats his claim that anti-Ice demonstrators in Los Angeles are “paid insurrectionists, or agitators, or troublemakers, you can call it whatever you want”.

"We have people they look in your face and they spit right in your face, they're animals, and these are paid insurrectionists, these are paid troublemakers, they're agitators, they're paid," he told reporters in the Oval Office.

What exactly is the Insurrection Act?

The Insurrection Act was passed in 1807 under President Thomas Jefferson. It gives the US president power to deploy military forces within the country under specific conditions.

Under the law, troops can be sent if a state government requests help to suppress an insurrection. However, it can also be used unilaterally if the president believes that violence or rebellion is preventing the enforcement of federal law.

This act is one of the few exceptions to the Posse Comitatus Act of 1878, which otherwise limits the role of the military in domestic law enforcement without congressional approval.

Historical use of the Insurrection Act

The Insurrection Act has been used about 30 times in American history. Notably, Presidents Eisenhower and Kennedy invoked it in the 1950s and 60s to enforce desegregation orders.

The last time it was used was in 1992 when President George H. W. Bush sent federal troops to Los Angeles at the request of Governor Pete Wilson following the Rodney King verdict and subsequent riots.

If Trump decides to use the act now, it would likely be against the wishes of California’s Democratic Governor, Gavin Newsom. This kind of move has not been taken since the 1960s when President Lyndon B. Johnson used the law during civil rights unrest.

How Trump deployed the National Guard without using the act?

Although Trump has talked about the Insurrection Act, he did not need it to deploy the National Guard in Los Angeles. Instead, he relied on Title 10 of the US Code.

That law allows the president to activate federal service members in times of rebellion or if the regular forces are unable to enforce the law.

In a presidential memorandum, Trump said the National Guard was being sent to protect ICE (Immigration and Customs Enforcement) officers and other federal employees. He said their job was to safeguard federal buildings and ensure enforcement of federal immigration laws in areas where protests were happening or expected.