President Trump, serving his second term after the 2024 election, has not invoked the Insurrection Act as of early October 2026 despite prior threats tied to immigration enforcement and protests. In a late-September Time interview, he declined to rule out its use or a related national emergency declaration ahead of the November 3 midterms, noting he “could use it” while highlighting crime concerns. The administration instead relied on other statutes, such as 10 U.S.C. § 12406, to federalize National Guard units in several cities during 2025 protests. Legal debates continue over the Act’s scope, congressional reform proposals, and restrictions on military presence at polling sites. The last formal invocation occurred in 1992.