A recent opinion from a US Supreme Court Justice has ignited speculation that Donald Trump could leverage a centuries-old law to authorise a significant military crackdown in American cities, potentially supercharging immigration enforcement operations.
The Supreme Court's Telling Footnote
This week, the Supreme Court, including Justice Brett Kavanaugh, rejected a request from the President to send additional federal forces to Chicago. The city has been a focal point for the administration's immigration agenda since Trump returned to office in January 2025. However, it was a footnote in Justice Kavanaugh's written opinion on the ruling that caught the attention of legal observers and commentators.
Kavanaugh clarified that the court's decision "does not address the president’s authority under the Insurrection Act." This 1807 statute grants a sitting President the power to deploy the US military domestically to quell civil unrest or to enforce the law.
Authority for Military Deployment in US Cities
Elaborating in his statement, Justice Kavanaugh noted the ruling does not challenge "the president’s long-asserted Article II authority" to use the military, as distinct from state National Guard units, to protect federal personnel and property and ensure federal laws are executed. He suggested one consequence could be that a president might opt to use the regular military more frequently than the National Guard for such domestic protection duties.
This legal interpretation is viewed by some as a potential green light for more aggressive action. Immigration and Customs Enforcement (ICE) raids on undocumented immigrants are a cornerstone of Trump's second-term priorities, and its officers have already faced local resistance during operations in Chicago.
White House Denial vs. Trump's Past Statements
The White House has moved quickly to dismiss suggestions that Trump plans to invoke the Act. Spokesperson Abigail Jackson stated the administration is "working day in and day out to safeguard the American public."
This assurance contrasts with the President's own words from October 2025. Speaking to reporters, Trump explicitly said, "We have an Insurrection Act for a reason." He added that if situations arose where people were being killed and courts, governors, or mayors were obstructing action, he would not hesitate to use it.
The Insurrection Act was last invoked in 1992 by President George H.W. Bush during the Los Angeles riots, which erupted after the acquittal of four police officers involved in the beating of Rodney King.
The interplay between the Supreme Court's nuanced legal commentary and the administration's stated immigration crackdown goals creates a tense backdrop, leaving open a contentious constitutional question about the use of federal troops in American cities.
