Fact check: Did the president invoke the alien insurrection act?

1. Summary of the results

The president has NOT invoked the Insurrection Act ^[1]. While there has been military deployment, it was specifically done under Title 10 of the U.S. Code, not the Insurrection Act ^[2]. However, there appears to be some confusion because Trump did invoke a different act - the Alien Enemies Act in March 2025, specifically targeting Venezuelan gang members ^[3].

2. Missing context/alternative viewpoints

Several important contextual elements need to be considered:

• The Trump administration deliberately worked to avoid escalation through the Insurrection Act, with lawyers specifically structuring military deployments under different legal frameworks ^[4]
• While troops were deployed, they were sent on temporary duty without direct civilian law enforcement powers ^[5]
• The Alien Enemies Act invocation, which did occur, was later ruled unlawful by a federal judge in Texas ^[3]
• The Supreme Court initially allowed the deportation process but later issued an emergency order halting it ^[6]
• A national security report on border conditions that could potentially recommend invoking the Insurrection Act is still pending ^[7]

3. Potential misinformation/bias in the original statement

Several sources of confusion and potential misinformation exist:

• Social media posts suggesting a "secret signing" of the Insurrection Act are explicitly false ^[1]
• Trump's campaign rhetoric about using the Alien Enemies Act in late 2024 ^[6] may have contributed to confusion about which acts were actually invoked
• The existence of an executive order that mentions the Insurrection Act in relation to border conditions ^[8] might be misinterpreted as an actual invocation
• Trump's ambiguous statement that invoking the act "depends on whether or not there is an insurrection" ^[2] may have led to speculation and misinterpretation

Those who benefit from spreading misinformation about the Insurrection Act include:

• Political actors seeking to create panic or uncertainty about martial law
• Social media influencers generating engagement through sensationalized claims
• Opposition groups trying to paint the administration as more extreme than its actual actions