President Trump has not invoked the Insurrection Act during his second term despite repeated public discussion of the statute in connection with immigration enforcement, protests against ICE operations, and urban crime concerns. In 2025 the administration instead relied on 10 U.S.C. § 12406 to federalize National Guard units for deployments to cities including Los Angeles, Portland, and Chicago, actions that encountered court challenges. As of early October 2026, Trump declined to rule out invoking the Act or declaring a national emergency around the November midterms, stating in a Time interview that he would “see how it plays out.” No invocation has occurred to date, the last historical use dating to the 1992 Los Angeles riots, and trader assessments appear shaped by the absence of widespread unrest sufficient to meet statutory thresholds alongside the proximity of the elections and ongoing legal constraints.