Raskin Slams Trump’s Threat to Use Insurrection Act: ‘Arbitrary, Outlandish, Unjustified’

Lawmaker Rejects Possibility of Insurrection Act Use by Trump

Amid a flurry of speculation and concern, U.S. Representative Jamie Raskin addressed the public regarding whispers that President Donald Trump might use the Insurrection Act of 1807 to deploy the National Guard for detentions at the U.S. southern border or potentially elsewhere. This could occur as early as this weekend, though Raskin emphasized, “We have no concrete evidence to suggest that this will take place.”

Raskin, a Democrat from Maryland and a key figure on the House Judiciary Committee as well as a constitutional expert, pointed out that the concerns stem from an upcoming deadline. April 20 marks the submission of a report from Trump’s Cabinet on the status of the southern border, a report demanded by a presidential executive order that also references the Insurrection Act.

As Homeland Security Secretary Kristi Noem and Defense Secretary Pete Hegseth prepare to deliver their findings, the media and various organizations have increased their coverage on the topic. Bill Blum from Truthdig, PolitiFact clarifying the distinctions between the Insurrection Act and martial law, and contributions from both the ACLU and the Interfaith Alliance have all addressed the potential implications of such an action.

“The likelihood of the courts intervening if Trump invokes the Insurrection Act is slim.
We hope for some societal pillar — be it businesses, academia, the legal community, or the press — to step in.
Yet, it seems it will ultimately be up to the citizens to safeguard our democracy.”

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— Indivisible (
@indivisible.org) April 15, 2025 at 8:37 AM

Raskin explained, “The Insurrection Act is intended for truly severe scenarios where it’s impossible to enforce U.S. laws through normal judicial processes due to unlawful uprisings.”

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“To invoke this act now would represent a severe and unwarranted abuse of power. Claiming simultaneously that this is ‘the most secure border in history’ while suggesting a need for such drastic measures is contradictory and unfounded,” he added.

Raskin continued, “There’s absolutely no valid reason for Trump to enact this measure at the border or anywhere else in the nation. The courts are operational, local law enforcement is active, and the administration itself has touted peace and order at the border.”

“The true motive behind deploying military forces may simply be to project a false image of strength,” Raskin admitted. “This is evident from Trump’s use of military aircraft to transport immigrants to facilities like Guantanamo Bay and the harsh prison in El Salvador. Such actions cannot justify invoking the Insurrection Act, and doing so would essentially be an acknowledgment of extreme policy failure.”

“If the rights of non-citizens are in jeopardy, then so are the rights of citizens.”

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— Rep. Jamie Raskin (@raskin.house.gov) April 17, 2025 at 3:52 PM

Since Trump’s return to power, his administration has been marked by a crackdown on civil liberties, targeted actions against foreign students, and the deportation of countless migrants, including Maryland’s Kilmar Abrego Garcia, who was supposed to be protected by legal safeguards.

Raskin shared on social media that he appreciates the efforts of Senator Chris Van Hollen, also from Maryland, who visited El Salvador to check on Abrego Garcia’s situation. “We will persist in our efforts against authoritarian leaders abroad and at home, and we will fight until Abrego Garcia is returned,” he asserted.

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Moreover, Raskin highlighted the case of Juan Carlos Lopez-Gomez, a U.S.-born citizen detained in Florida as an illegal alien despite providing a birth certificate. “It’s unacceptable for U.S. citizens to be detained under these circumstances,” he stated.

In his concluding remarks, Raskin urged President Trump to release the forthcoming report to the public and commit to upholding the civil liberties of all U.S. residents by keeping military involvement out of civilian law enforcement. “We need to end the political manipulation of immigration issues and reaffirm our commitment to the rule of law,” he concluded.

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