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Fact Check: Is Donald Trump Declaring Martial Law?

April 8, 2025
in News
Fact Check: Is Donald Trump Declaring Martial Law?
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Social media platforms like TikTok have become fertile ground for unfounded theories that President Donald Trump will declare martial law on April 20 — despite any supporting evidence.

While a signed executive order has triggered some debate over a possible use of the Insurrection Act, there is no credible evidence or reporting that martial law is being considered anywhere in the U.S.

The Claim

An executive order signed by President Trump on Inauguration Day directs the Department of Defense and Department of Homeland Security to submit a report by April 20 assessing the situation at the southern border and recommending whether to invoke the Insurrection Act of 1807 for purposes of border enforcement.

The order reads: “Within 90 days of the date of this proclamation, the Secretary of Defense and the Secretary of Homeland Security shall submit a joint report to the President… including whether to invoke the Insurrection Act of 1807.”

Rumors online have spiraled into predictions of impending martial law, using the Jan. 20 executive order as cover. The hashtag #martiallaw has been used in 21.5k posts across TikTok, some of which refer to the April 20 date.

In one video, TikTok user @Aja_Ky pointed to the executive order tied to the Department of Defense and Homeland Security and said: “The only way [Trump] has to do this is to declare and publish a proclamation that orders these parties to disperse.” The claim, however, remain unsupported by any official documentation or action.

@aja_ky

Wdym stock up on food and water bro?

♬ original sound – Aja_Ky

In another video with over 16,000 likes, user @AppalachianPrepper3.0 said that he’s “been hearing a lot of talk about this date,” referring to the April 20 deadline to invoke the Insurrection Act.

The Facts

The unfounded social media claims about martial law appear to be conflating it with the pending April 20 deadline for the secretaries of Defense and Homeland Security to decide whether to recommend the Insurrection Act as a tool to enforce the southern border, which is already among the calmest it has been in years since President Trump took office.

The Insurrection Act is a set of federal laws dating back more than two centuries. The laws grant the president authority to deploy U.S. military or National Guard forces domestically in response to rebellions, civil unrest, or obstruction of federal law. Technically, per the Brennan Center for Justice, the law is combined into different statutes which were enacted by Congress between 1792 and 1871. Today, these provisions occupy Sections 251 through 255 in Title 10 of the U.S. Code.

Historically, the Insurrection Act has been used sparingly. It was invoked by President Abraham Lincoln during the Civil War, by President Ulysses S. Grant against the Ku Klux Klan, and more recently by President George H.W. Bush during the 1992 Rodney King riots in Los Angeles.

Martial law differs significantly from the Insurrection Act in both scope and application. While both involve military deployment within U.S. borders, martial law suspends civil liberties — including for citizens — and places military authority above civilian rule.

Under martial law, constitutional rights such as freedom of assembly, speech, and due process may be suspended, and civilian courts can be replaced by military tribunals.

Martial law has not been invoked by an American president at a national level since the Civil War, though it has been declared at the state level a handful of times since, including during WWII and the Civil Rights movement.

The Ruling

False.

There has been no credible indication or reporting that the U.S. administration is preparing to initiate martial law or that any military mobilization is planned. The order with the April 20 deadline is explicitly focused on “operational control of the southern border,” not on broader civil or domestic unrest.

FACT CHECK BY NEWSWEEK

The post Fact Check: Is Donald Trump Declaring Martial Law? appeared first on Newsweek.

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