Can Trump Invoke the Insurrection Act in Minnesota?

 

         Can Trump Invoke the Insurrection Act in Minnesota?

As of January 15, 2026, President Trump has formally threatened to invoke the Insurrection Act in Minnesota. This follows a period of intense civil unrest in Minneapolis triggered by the fatal shooting of Renee Nicole Good by an ICE agent on January 7, 2026. 

Current Situation in Minnesota

• Trump's Ultimatum: On January 15, 2026, President Trump posted on Truth Social that he would institute the Insurrection Act if Minnesota officials do not stop "professional agitators" and "insurrectionists" from targeting immigration officials.
• State Defiance: Governor Tim Walz has ordered the Minnesota National Guard to prepare for deployment to protect residents, warning that the federal government is seeking a pretext to declare martial law.
• GOP Pressure: Republican lawmakers, including Rep. Mary Miller and Rep. Nancy Mace, have urged Trump to use the Act to arrest Governor Walz, accusing him of obstructing federal law enforcement. 

Can He Legally Use It?

Under 10 U.S.C. §§ 251–255, the President has broad statutory authority to deploy federal troops domestically. 

• Without State Consent: While Section 251 usually requires a governor's request, Sections 252 and 253 allow the President to deploy troops unilaterally if he determines that "unlawful obstructions, combinations, or assemblages" make it impossible to enforce federal law.
• Judicial Precedent: Historical Supreme Court rulings, such as Martin v. Mott, have established that the President alone has the discretion to determine when an insurrection exists.
• Legal Challenges: Despite the President's broad powers, legal experts note that such actions may face immediate challenges in federal court. Previous rulings in other states (like Illinois and Oregon) have recently limited the scope of federal troop deployments on city streets. 

Potential Consequences

• Federalizing the Guard: Invoking the Act would allow Trump to "federalize" the Minnesota National Guard, effectively stripping Governor Walz of his command authority over those troops.
• Civil Unrest: Local leaders, including Minneapolis Mayor Jacob Frey and Rep. Ilhan Omar, have characterized the threat as an attempt to "terrorize" the community and have urged citizens not to "take the bait" of escalating violence.