Pentagon Officials Advise Against Insurrection Act for Southern Border Response

Washington, D.C. — Defense Secretary Pete Hegseth and Homeland Security Secretary Kristi Noem are preparing a memo to President Donald Trump advising against invoking the Insurrection Act in response to the conditions at the U.S.-Mexico border, sources within the federal agencies confirmed to CNN.

The Insurrection Act, a 19th-century law, would enable the president to deploy active-duty troops for law enforcement duties, including the arrest of migrants. This recommendation follows Trump’s executive order issued in January, which declared a state of emergency at the southern border and tasked Hegseth and Noem with assessing whether additional powers were necessary to gain “complete operational control” of the border.

The deadline for the memo is Sunday; however, Pentagon and Department of Homeland Security (DHS) officials indicated that their findings would be sent to the White House next week. According to sources, Hegseth and Noem are expected to report that current border crossings are low, suggesting that further authority, including the Insurrection Act, is unnecessary at this time.

As per statistics shared by a Homeland Security official, daily migrant crossings at the southern border are currently below 300, a significant decline compared to recent years when illegal crossings routinely exceeded 1,000 daily.

In recent months, the U.S. military has bolstered its presence at the border, deploying thousands of troops, including active-duty personnel. However, their role has been limited to patrols, establishing barricades, and providing logistical assistance to DHS, without conducting arrest operations.

Frustration has emerged among Trump’s officials regarding the slower-than-expected pace of interior arrests of undocumented immigrants across the country. Multiple sources indicated that tense discussions have taken place between the White House and Immigration and Customs Enforcement (ICE) regarding these arrests.

Interior arrests typically require more manpower and resources than apprehending migrants at the border. Some officials in Trump’s circle view invoking the Insurrection Act as a potential solution to increase arrest numbers nationally. However, officials caution that a surge in arrests could strain detention facilities throughout the U.S.

Fort Bliss, a U.S. Army base in El Paso, Texas, is slated to serve as a detention site for potentially thousands of migrants, with contracts already signed for the construction of new facilities on the base. Yet, as of now, these facilities have not been constructed, and plans to build migrant housing tents at Guantanamo Bay have been placed on indefinite hold.