The difference between the Insurrection Act and martial law
The Insurrection Act, which allows federal U.S. troops to enforce civilian laws on U.S. soil, is often confused with martial law, but the two are very different.
Jeff Schogol
Published Jun 13, 2025 10:00 AM EDT
Protesters confront California National Guard soldiers and police outside of a federal building in Los Angeles following days of clashes with police after a series of immigration raids in June 2025 in Los Angeles, California. Photo by David McNew/Getty Images.
It’s been a significant week for civil-military relations. Since immigration protests started in Los Angeles on June 6, about 4,000 federalized California National Guardsmen and 700 Marines have been ordered to deploy to the city to protect federal personnel and buildings.
If President Donald Trump invokes the Insurrection Act, federal troops would also be authorized to enforce civilian laws on American soil. First passed in 1807, the Insurrection Act is often confused with martial law, but the two are very different.
Martial law is an undefined term that generally describes a situation where the military can become the government, according to the Brennan Center for Justice at New York University School of Law. Federal and state officials in the United States have declared martial law 68 times in the past. When the Hawaiian Islands were placed under martial law following the Japanese attack on Pearl Harbor, civilians were tried before military tribunals.
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