S. 2070: Insurrection Act of 2025

This bill, known as the Insurrection Act of 2025, aims to provide specific guidelines and limitations on the use of the U.S. Armed Forces for addressing domestic insurrections, rebellion, and widespread violence. It seeks to adjust existing laws under Title 10 of the U.S. Code regarding the deployment of military forces in such scenarios.

Key Provisions of the Bill

1. Authority and Purpose

The bill grants the President the authority to deploy Armed Forces under certain circumstances when state and local authorities are overwhelmed by insurrection or violence. It clarifies that deployment should only be a last resort when:

• There is an insurrection or rebellion against a state or local government that threatens to overwhelm local authorities.
• Domestic violence is widespread enough to exceed the capabilities of local authorities.
• There is obstruction of the execution of state or federal law resulting in the deprivation of constitutional rights, and local authorities are incapable of handling the situation.

2. Policy Statement

The policy of the United States is that military intervention should only occur if state and local officials cannot control the situation and federal law enforcement agencies are also unable to act.

3. Presidential Authority

The President must consult Congress before deploying the military and must issue a proclamation detailing the reasons for the deployment. This proclamation must specify the legal basis and directive for the Armed Forces' actions, including any requests for assistance from the state involved.

4. Reporting Requirements

The President is required to report to Congress on the circumstances necessitating the use of military force and must certify that all other options have been exhausted or would be insufficient.

5. Congressional Approval

Any military action authorized under this bill would be temporary, needing Congressional approval to continue beyond a specified period (seven days) unless Congress is unable to meet due to the insurrection. If Congress does approve, the military engagement could extend for an additional 14 days.

6. Limits on Military Power

The bill prohibits the use of military force to suspend the writ of habeas corpus or to carry out actions that violate state or federal law.

7. Judicial Review

This bill allows individuals or entities to challenge the deployment of military forces in court if they believe it violates their rights. Courts are tasked with reviewing the legality of such deployments.

8. Definition of 'State'

For the purposes of this legislation, the term State includes the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.

9. Limitations on National Guard

National Guard members in training cannot be used to suppress domestic insurrections or enforce the law under the provisions of this bill.

Relevant Companies

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