Democrat senator accuses Trump of 'declaring war' on Minnesota with Insurrection Act threat

Politics

Democrat senator accuses Trump of 'declaring war' on Minnesota with Insurrection Act threat

Minnesota Sen Tina Smith responds to Trump's threat to invoke 1807 Insurrection Act over ICE clashes in Minneapolis

Alex Miller Fox News

Published

January 20, 2026 1:10pm EST

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Sen. Tina Smith, D-Minn., warned that President Donald Trump’s growing threats against her home state, including possibly invoking a rarely used, centuries-old executive authority, were tantamount to a declaration of war.

Last week, Trump threatened to invoke the Insurrection Act in Minnesota as Immigration and Customs Enforcement (ICE) agents continue to clash with agitators in Minneapolis.

"The president's statements today essentially amount to threats of declaring war on Minnesota," Smith said. "And in a time when we should be trying to keep people safe and finding a path forward, he continues to throw gasoline on the fire in ways that are really dangerous."

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Sen. Tina Smith, D-Minn., walks to the Senate floor.

Sen. Tina Smith, D-Minn., warned that President Donald Trump's suggestion to invoke the Insurrection Act, among his several other actions in Minnesota, was tantamount to declaring war on her home state. (Andrew Harnik/Getty Images)

The Insurrection Act is a seldom-used executive power first created in 1807. It’s designed to allow the president to deploy the military to quell rebellions and enforce federal laws.

When asked about Trump’s threats to invoke the power, Senate Majority Leader John Thune, R-S.D., said, "I think he’s threatened in other places, other states, too."

"We'll see what happens," Thune said. "Hopefully, local officials are working with federal law enforcement, ICE and other agencies, but also the local law enforcement officials being able to settle things down."

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U.S. president Trump walks across the White House lawn toward a helicopter for departure.

President Donald Trump walks to Marine One for departure from the South Lawn of the White House in Washington, Jan. 16, 2026. (Evan Vucci/AP)

Over the last two centuries, it has only been triggered 30 times, most recently by former President George H.W. Bush in the early 1990s to suppress growing unrest during the L.A. Riots following the acquittal of four police officers charged with using excessive force against Rodney King.

Trump floated invoking the Insurrection Act in a post on Truth Social, where he warned, "If the corrupt politicians of Minnesota don't obey the law and stop the professional agitators and insurrectionists from attacking the Patriots of ICE," he would pull the trigger on the sparsely used power.

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Senate Majority Leader John Thune, R-S.D., said, "We'll see what happens," regarding Trump's likelihood to invoke the Insurrection Act in Minnesota. (Al Drago/Bloomberg via Getty Images)

He later told reporters outside of the White House that "if I needed it, I'd use it. I don't think there's any reason right now to use it, but if I needed it, I'd use it. It's very powerful."

The Department of Homeland Security (DHS) and ICE have been major talking points in Congress, particularly after the fatal shooting of Renee Nicole Good by an ICE agent earlier this month.

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The latest DHS funding bill, which was tied into a four-bill $1.2 trillion spending package released Tuesday, includes several restrictions on funding for the agency, like detailed reports on operations, expenses, detention facilities, and more, though it doesn’t slash its budget.

Alex Miller is a writer for Fox News Digital covering the U.S. Senate.

Democrat senator accuses Trump of 'declaring war' on Minnesota with Insurrection Act threat