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3h ago

White House Weighs Insurrection Act as Courts Curb National Guard Deployments

Court limits on National Guard operations have pushed the debate toward the Insurrection Act.

An officer with the Department of Homeland Security Special Response Team stands facing a protester outside an ICE facility in Portland, Ore., on Oct. 6, 2025.
Members of the National Guard patrol a street in Memphis on Oct. 10, 2025.
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Sen. Tammy Duckworth, D-Ill., speaks to the media while Sen. Dick Durbin, D-Ill., listens outside the U.S. Immigration and Customs Enforcement facility in Broadview, Ill., on Oct. 10, 2025.

Overview

  • Vice President J.D. Vance said the president is considering invoking the Insurrection Act, confirming discussions after lower courts restricted planned deployments to U.S. cities.
  • The Seventh Circuit allowed federal control of Guard units in Illinois to continue but upheld a block on deploying them on Chicago streets, following a district judge’s finding of no credible threat of rebellion.
  • In the Ninth Circuit, judges have alternately allowed federalization in Oregon and California while keeping restrictions on on‑the‑ground deployments in places like Portland and Los Angeles pending further review.
  • The White House argues its actions lawfully protect ICE personnel and federal facilities, while Illinois and Chicago leaders counter that violent crime has fallen and that federal troops are not needed.
  • Political and legal pushback intensified as Barack Obama denounced using troops against civilians and a bipartisan group of former governors backed state challenges, with legal analysts saying Supreme Court review is increasingly likely.