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Trump Threatens Insurrection Act as Troops Arrive

By Maya Maddox • Oct 07, 2025

Official portrait of Donald Trump's second term as president. Photo by Daniel Torok. Public domain.

President Donald Trump is threatening to unleash emergency powers to bypass court rulings and deploy troops to US cities, escalating a fierce showdown over the limits of executive authority. The move comes amid mounting legal setbacks as federal judges block his efforts to send National Guard units to cities like Portland, Oregon, and Chicago, Illinois, where protests and immigration enforcement actions have sparked controversy.

Courts Block Troop Deployments in Oregon and Beyond

The Trump administration's attempt to federalize National Guard troops in Oregon hit a major roadblock when US District Judge Karin Immergut issued a temporary restraining order blocking the deployment of California National Guard troops to Portland. Immergut, a Trump appointee, ruled that the president lacked constitutional authority to send troops absent cooperation from state officials, stating the protests in Portland did not pose a "danger of a rebellion" justifying military intervention, as reported by TIME. She questioned the administration's legal basis and expressed concern about blurring the line between civil and military power.

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Despite the ruling, the Trump administration pressed ahead, authorizing the deployment of 200 National Guard soldiers from California to Portland, prompting further legal challenges. White House deputy chief of staff Stephen Miller called the judge's order "one of the most egregious and thunderous violations of constitutional order," as reported by Fox News.

Illinois Deployment Moves Forward Amid Pushback

In Illinois, a federal judge reportedly declined to block the deployment of National Guard units ordered by Trump to Chicago, allowing the mobilization to proceed for now. The state's governor, JB Pritzker, condemned the move as an "unconstitutional invasion" and vowed to fight the administration's actions using every available legal tool, as reported by GVWire.com. Pritzker accused the White House of seeking to "cause chaos" to justify consolidating power.

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The administration has reportedly sent 200 troops from the Texas National Guard to Illinois, with additional Illinois National Guard units expected to report for duty. According to GVWire.com, Chicago Mayor Brandon Johnson announced plans to establish "ICE-free zones" to prevent federal agents from conducting operations without warrants, signaling local resistance to the federal presence.

Trump Threatens to Invoke the Insurrection Act

Facing these judicial setbacks, Trump has publicly threatened to invoke the Insurrection Act of 1807, a rarely used law that allows the president to deploy military forces domestically despite court orders or opposition from governors and mayors. Speaking in the Oval Office, Trump said he would use the act "if people were being killed and courts were holding us up, or governors or mayors were holding us up," as reported by GVWire.com.

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The president framed the Insurrection Act as a necessary tool to quell what he described as insurrections and chaos in cities like Portland and Chicago. The administration has characterized protests against immigration enforcement as violent and disruptive, though local officials dispute this characterization, describing the protests as largely peaceful. The legal and political debate over the level of violence continues.

Legal and Political Tensions Mount

The deployment efforts have sparked a fierce legal and political battle. California Governor Gavin Newsom has called the federalization of his state's National Guard troops a "breathtaking abuse of power" and vowed to sue the administration, as reported by TIME. Newsom accused Trump of using the military as a "political weapon against American citizens."

In Illinois, Pritzker described the White House's ultimatum to call up state troops or face federal intervention as "absolutely outrageous and un-American," as reported by TIME. Chicago officials have prepared measures to limit cooperation with federal agents, including directives to the city's police not to assist in federal immigration crackdowns.

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The White House has defended the deployments, with press secretary Karoline Leavitt accusing local officials of refusing to cooperate simply because "they don't like Donald Trump," as reported by Financial Times. Leavitt insisted the president is exercising his authority as commander in chief to protect federal property and personnel amid ongoing protests.

Military as a Political Tool?

Trump's use of military forces domestically marks a sharp departure from the traditional reluctance of US presidents to deploy troops on American soil for law enforcement purposes. His administration has expanded the use of federalized National Guard troops in multiple cities, including Los Angeles, Portland, Chicago, Memphis, and Washington, D.C., often citing the need to combat crime and protect federal facilities.

In a recent speech to top military leaders, Trump described American cities as "training grounds" in "a war from within," as reported by TIME, signaling a willingness to use the military aggressively against domestic unrest.

Local Officials Push Back

Local leaders have pushed back hard against the federal deployments. Oregon Governor Tina Kotek stated there is "no insurrection" in Portland and called Trump's actions a threat to democracy, as reported by TIME. Chicago Mayor Brandon Johnson and Governor Pritzker have repeatedly condemned the presence of troops, labeling the moves authoritarian and unnecessary.

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In Portland, the protests against immigration enforcement have reportedly been described by local officials as largely peaceful, with no fires, bombs, or fatalities related to civil unrest. The city and state have filed lawsuits challenging the legality of the troop deployments.

Judicial Review and Constitutional Questions

The legal battles over troop deployments raise fundamental questions about the balance of power between the executive branch, the judiciary, and state governments. Judges have expressed concern about the administration's legal justifications and the potential for military overreach.

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Judge Immergut questioned why the administration would circumvent her restraining order by sending troops from another state saying, "How could bringing in federalized National Guard from California not be in direct contravention of the (decision) I issued yesterday," as reported by Reuters.

At a White House press briefing on Monday, Press Secretary Karoline Leavitt sharply criticized Judge Immergut's ruling, calling it "untethered in reality and in the law," as reported by Fox News. She confirmed the administration would appeal the decision and defended President Trump's authority to mobilize the National Guard.

In Illinois, Judge April M. Perry pressed Trump administration lawyers for details about National Guard assignments, saying she was "very troubled by the lack of answers," and setting a hearing to review the case further, as reported by GVWire.com.

What's Next?

As Trump signals readiness to invoke emergency powers to override court rulings, the nation faces a tense standoff. The administration's push to deploy troops despite judicial and gubernatorial opposition tests the resilience of constitutional checks and balances.

For now, troops are arriving in cities like Chicago and Oregon, even as legal challenges continue. Governors and mayors vow to resist, while the White House insists it is acting within its authority to protect federal interests.

The unfolding drama highlights the high stakes of executive power in a polarized America, where the use of military force on domestic soil remains a deeply contentious issue.

References: Trump Threatens to Use Emergency Powers to Bypass Courts and Deploy Troops | Donald Trump threatens to invoke the Insurrection Act to deploy troops | Judge blocks Trump National Guard deployment as White House blasts ruling | Trump Orders National Guard to Oregon and Chicago | US judge blocks Trump from sending any National Guard troops to Portland for now

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