On Monday, President Donald Trump issued a new executive order just shy of the 100th day of his second term that has some experts and academics sounding the alarm.
Trump's new order, which is entitled "Strengthening and Unleashing America's Law Enforcement to Pursue Criminals and Protect Innocent Citizens," makes various declarations about the administration's commitment to supporting law enforcement professionals in the opening paragraphs. However, one section further down specifically mentions the U.S. military and the administration's intent to have enlisted service members participate in civilian law enforcement actions.
"Within 90 days of the date of this order, the Attorney General and the Secretary of Defense, in consultation with the Secretary of Homeland Security and the heads of agencies as appropriate, shall increase the provision of excess military and national security assets in local jurisdictions to assist State and local law enforcement ... [and] shall determine how military and national security assets, training, non-lethal capabilities, and personnel can most effectively be utilized to prevent crime."
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"The Attorney General and the Secretary of Homeland Security shall utilize the Homeland Security Task Forces (HSTFs) formed in accordance with Executive Order 14159 of January 20, 2025 (Protecting the American People Against Invasion) to coordinate and advance the objectives of this order," the order continued.
That section in particular prompted Lead Matthew Noe, who is the lead collection & knowledge management librarian at Harvard Medical School, to call the order "legitimately frightening." Philadelphia, Pennsylvania-based writer Susan Keiser posted to Bluesky: "Serious Question: Is this martial law[?]" Former criminal defense investigator Andrew H. Sowards responded to the order by simply declaring: "Not good."
"We're already a police state," Daily Beast columnist David Rothkopf skeeted (the accepted term for Bluesky posts). "But now, thanks to this EO, moreso."
Deploying the U.S. military within American borders to act as a police force would be a direct violation of the Posse Comitatus Act, which is a 143 year-old law prohibiting the president from ordering the military to double as law enforcement. As the Brennan Center for Justice explained in 2021, Congress passed the law during Reconstruction in order to prevent the military from being used to enforce Jim Crow laws in former Confederate states after the Civil War. Additionally, deploying the military to conduct law enforcement activity violates parts of the 3rd, 4th, 5th and 6th Amendments to the U.S. Constitution — which were ratified in direct response to the British military's abuse of colonists prior to the Revolutionary War.
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Click here to read the full executive order.