'Martial law' has started trending on social media periodically, with users claiming that United States (US) President Donald Trump will announce it after invoking the Insurrection Act of 1807. As per rumours, by using this act, Trump may send soldiers to the southern border of Mexico to protect "America’s sovereignty" that is under attack.”
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The rumours came in as Donald Trump upon entering White House in January signed an executive order declaring a national emergency at the US-Mexico border. He had directed Defense Secretary Pete Hegseth and Homeland Security Secretary Kristi Noem to provide a report within 90 days about the state of the border to determine “whether to invoke the Insurrection Act of 1807.” The date of the 90-day ultimatum is April 20.
"Because of the gravity and emergency of this present danger and imminent threat, it is necessary for the Armed Forces to take all appropriate action to assist the Department of Homeland Security in obtaining full operational control of the southern border," the executive order stated.
Notably, the act has been invoked at least 30 times in the past, with the most recent occurrence being in 1992 when former US President George W Bush used it in response to the Rodney King protests and riots in Los Angeles.
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What is the Insurrection Act of 1807?
The Insurrection Act of 1807 allows the president to utilise federal military troops or federalize National Guard troops in order to suppress uncontrollable protests or other civil disturbance situations. As per the Independent, the Insurrection Act is a series of laws enacted by Congress between 1792 and 1871 that specifically address utilising the military within the US. The act is an exception to the Posse Comitatus Act, which typically prevents the federal government from using the federal military or National Guard to enforce domestic policies.
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Troops can be deployed under three sections of the Insurrection Act. The first is if a state legislature or governor requests federal aid to suppress an insurrection in that state. The second and third allow the president to invoke it without a state’s permission whenever they consider “unlawful obstructions or rebellion” is making it impossible to enforce the laws of the United States.
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What is martial law?
Martial law refers to the replacement of civilian government by military rule. Martial law has been declared in the US at least 68 times, but only by federal and state officials. It has not been declared by any US president since the Civil War.
(With inputs from agencies)