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Insurrection Act: MAGA Leader Pushes Trump To Invoke 1807 Law in Minnesota

Thomas Smith
6 Min Read

Steve Bannon is calling on President Donald Trump to invoke the Insurrection Act in Minnesota amid continued protests tied to the administration’s immigration enforcement push.

Bannon made the remarks in a statement to The Wall Street Journal, which he also posted on the conservative social media platform Gettr. In that statement, Bannon argued that Alex Pretti “tried to stop federal officers from performing their duty.”

“He knew exactly what he was doing and he knew the consequences,” Bannon said of Pretti. “The violent domestic terrorist mob in the streets of Minneapolis needs to stand down now.”

Why It Matters

U.S. Immigration and Customs Enforcement (ICE) has faced growing scrutiny in the Minneapolis area over enforcement tactics and the use of force. Earlier in January, an agent fatally shot 37-year-old Renee Nicole Good. Over the weekend, another federal agent fatally shot 37-year-old Alex Pretti in Minneapolis, intensifying criticism and sparking renewed debate over how immigration operations are being carried out. Allegations about enforcement tactics—including claims that children were used as “bait”—have further fueled backlash.

Despite the controversy, Bannon’s comments underscore that many conservatives remain firmly supportive of ICE operations, even as some Republicans have raised concerns and called for greater scrutiny following Pretti’s death.

What to Know

The Department of Homeland Security (DHS) says Pretti “approached U.S. Border Patrol officers with a 9 mm semiautomatic handgun.” However, videos verified by multiple news outlets reportedly show Pretti holding a phone in his right hand and nothing in his left hand before he was shot, contradicting that account.

Authorities and local-media-cited public records indicate Pretti was legally conceal-carrying a handgun, held a valid permit, and had no serious criminal history.

Protests over ICE have continued in Minneapolis and in other parts of the country.

Bannon also addressed Republican criticism of ICE on his War Room podcast, arguing that the party has repeatedly failed to confront the issue.

“This is the reason that we’re at this inflection point,” he said. “The Republican Party has been controlled opposition for decade after decade after decade. The very people that are counseling President Trump to de-escalate are the very people that allowed this to happen.”

What Is the Insurrection Act?

The Insurrection Act grants the president authority to deploy the U.S. military for domestic purposes under specific conditions. It has been invoked multiple times in U.S. history, including during the Civil Rights era to support school integration.

The law was formally signed in 1807, but is an “amalgamation of different statutes enacted by Congress between 1792 and 1871,” according to the Brennan Center for Justice. It is tied to Sections 251 through 255 of Title 10 of the U.S. Code.

Section 251 states:

“Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection,”

The most recent use of the Insurrection Act was in 1992, when then-President George H.W. Bush invoked it following unrest in Los Angeles after the acquittal of four police officers charged in the beating of Rodney King.

What the Trump Administration Has Said

Trump has publicly floated using the Insurrection Act but has not confirmed any plan to invoke it.

“If the corrupt politicians of Minnesota don’t obey the law and stop the professional agitators and insurrectionists from attacking the Patriots of I.C.E., who are only trying to do their job, I will institute the INSURRECTION ACT, which many Presidents have done before me, and quickly put an end to the travesty that is taking place in that once great State,” he wrote on Truth Social earlier in January.

Vice President JD Vance also addressed the idea during a speech last week.

“Right now, we don’t think that we need that,” he said.

What People Are Saying

California Governor Gavin Newsom wrote on X over the weekend: “Yesterday, hundreds of thousands filled the streets of Minnesota—marching in subzero temperatures in a PEACEFUL protest. Not the excuse to invoke the Insurrection Act the President wanted. So today, Trump made a shooting happen. The President must end his violent occupation of Minnesota. NOW.”

Journalist Tomi Lahren said on Fox News on Saturday: “This is not 2020 and we need to reset that precedent and President Trump, hopefully, if things get bad tonight, will consider the Insurrection Act.”

Representative Alexandria Ocasio-Cortez said on CNN, discussing Secretary of Homeland Security Kristi Noem, that the rhetoric being used by administration officials is “laying the groundwork” for the Insurrection Act by framing political disagreement as incitement and resistance.

What Happens Next

The administration has not formally invoked the Insurrection Act in Minnesota. For now, intensified immigration enforcement continues, while protests—and political debate over the federal response—remain ongoing.

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