An open letter to the U.S. Congress

Prevent Trump’s Abuse of the Insurrection Act — Congress Must Rein Him In!

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Stop Pretextual Use of the Insurrection Act Congress must act now to prevent abuse of emergency powers The President has threatened to invoke the Insurrection Act in response to protests over federal immigration enforcement in Minneapolis. This isn’t theoretical—it’s a stated intent. Congress must act now, before invocation, to prevent misuse. The Act was designed for true crises: insurrections or situations where states can’t uphold constitutional rights. That’s not the case in Minnesota. Local governments are functioning. Peaceful protest is ongoing. There is no breakdown in law enforcement. Federal immigration operations continue. Escalation appears to be the strategy—armed federal agents, inflammatory rhetoric, and efforts to blame local leaders for unrest they’re trying to contain. This is not lawful grounds for military deployment. Invocation would not suspend elections or impose martial law, but it would allow indefinite domestic troop deployment with few guardrails. Congress—not the courts—must set limits before troops are deployed. Congress should: • Clarify and narrow the definition of “insurrection” • Require time limits and congressional approval for deployments • Mandate public findings before invocation • Use the power of the purse to block abuse This isn’t about party or policy. It’s about the Constitution. Congress must act now—waiting until after the fact is too late.

▶ Created on January 16 by Advocates for Due Process

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