Jacobs, Deluzio Introduces Bill to Limit Presidential Power to Deploy Troops on American Soil under the Insurrection Act
Rep. Chris Deluzio (PA-17) and Rep. Sara Jacobs (CA-51) introduced a new bill to check presidential authority under the centuries-old Insurrection Act. The new Insurrection Act of 2025 would reform legislation from 1807 that provides the President broad and vague authority to deploy troops—with or without the request of a state—to suppress “any insurrection, domestic violence, unlawful combination, or conspiracy.” Presidents have rarely used the current law, recognizing the long American tradition of keeping the military out of domestic law enforcement.
Rep. Sara Jacobs (CA-51) said, “The troubling scenes unfolding in Los Angeles give us a glimpse of what could happen nationwide if President Trump tries to invoke the Insurrection Act and turn U.S. troops on civilians. We’ve already seen him twist the law for political gain, so Congress must leave zero ambiguity about when—and for how long—any president can deploy the military for domestic law-enforcement purposes. That’s why I was relieved that last month, the Chairman of the Joint Chiefs of Staff, General Dan Caine agreed with me that there’s currently no military invasion on our southern border that would justify invoking this law. Now we must go a step further by passing the Insurrection Act of 2025—modernizing the 1807 statute for the 21st century to narrow this authority and mandate transparency, accountability, and consultation with Congress.”
"No President should have such wide-ranging power to deploy American troops against the American people,” said Congressman Deluzio. “This President has threatened to use the United States military to crush dissent among the American people, and Congress should act to reform and update the law that governs deployment of our troops for law enforcement in the United States. We need these urgent reforms to the centuries-old Insurrection Act so that no President has such expansive power to use military force against Americans.”
The new Insurrection Act of 2025 would:
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Narrow and clarify the criteria for the domestic deployment of military troops for law enforcement purposes.
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Specify that the use of the military is a last resort and is authorized only if the use of civilian law enforcement authorities would be insufficient.
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Clarify that the law cannot be used to suspend habeas corpus, impose martial law, or deputize private militias to act as soldiers.
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Require the President to consult with Congress prior to invoking the Insurrection Act and receive Congressional approval if the President seeks to exercise authority under the Act for longer than 7 days.
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Require a report to Congress providing an explicit justification for the use of the Insurrection Act’s authority, as enumerated in this legislation, and a full description of the scope and duration of its use.
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Provide for judicial review to ensure that individuals, or a state or local government, may bring a civil action if the President’s authority under the Insurrection Act is misused or abused.