Insurrection Act explained as Trump threatens to invoke it on Minnesota following deadly ICE shooting
It's not the first time he's threatened it
Donald Trump has threatened to invoke the Insurrection Act of 1807 on Minnesota following the tragic death of Renee Nicole Good and the protests that continue to take place across the state.
The 37-year-old mom-of-three was fatally shot by an ICE agent in Minneapolis on January 7.
The Trump administration claim that Good was a 'domestic terrorist' and was allegedly attempting to kill the officer, who was later identified as Jonathan Ross.
Video footage appears to have challenged this narrative, which saw Good attempting to drive away from the scene as Ross shot her three times.
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After another woman was allegedly dragged away by an ICE official just two blocks from where Good was killed, protests have continued to take place in Minneapolis over the presence of ICE.
As a result, President Trump has threatened to impose the Insurrection Act of 1807.
What has Trump said?
Describing the politicians of Minnesota as 'corrupt' without any tangible evidence, Trump penned on Truth Social: "If the corrupt politicians of Minnesota don’t obey the law and stop the professional agitators and insurrectionists from attacking the Patriots of I.C.E., who are only trying to do their job, I will institute the INSURRECTION ACT, which many presidents have done before me, and quickly put an end to the travesty that is taking place in that once great State.
"Thank you for you attention to this matter! President DJT."
What is the Insurrection Act of 1807?
The US president can invoke the act if they determine that 'unlawful obstructions, combinations, or assemblages, or rebellion' against the government make it 'impracticable to enforce' the law 'by the ordinary course of judicial proceedings', as per the BBC.
Once enforced, troops could be enlisted to take part in a range of different duties, including stopping civil unrest and enforcing court orders to detain migrants.
The act allowed President Dwight Eisenhower to send soldiers to Little Rock, Arkansas, in 1957 to protect Black students during school desegregation.
It was also used in 1992 by George H.W. Bush to stop the riots that erupted in Los Angeles after the Rodney King verdict.
This isn't the first time Trump has threatened to invoke the law either, with him mentioning in June and October last year.
Can Trump enforce the act?
Technically, yes - but it's not that simple.
Courts are often hesitant to challenge presidential military orders, but that doesn't mean the implementation of the act can't be rejected.
Oregon judge Karin J. Immergut once ruled that 'a great level of deference is not equivalent to ignoring the facts on the ground'.
Furthermore, a legal expert previously told the Guardian that invoking it could be dangerous as it risks troops being used in ways they wouldn’t normally be allowed.
Topics: Donald Trump, Minnesota, US News
Callum Jones