🪖 Noem Wanted Troops to Arrest Civilians. Here's Why That Should Scare You.
How one DHS letter nearly breached the wall between military power and civilian life — and why veterans and citizens must pay attention.
TL;DR: In June 2025, DHS Secretary Kristi Noem asked the Pentagon to let troops arrest civilians under Title 18 — a move that could have bypassed core constitutional protections. This post explains what the Insurrection Act and Posse Comitatus are, what Jan. 6 taught us, and why veterans should pay close attention to the lines being redrawn at home. description: "A closer look at DHS Secretary Kristi Noem's controversial request for military arrests on U.S. soil, and why it could have undermined constitutional guardrails like the Insurrection Act and Posse Comitatus."
In early June 2025, a letter leaked to The San Francisco Chronicle stunned legal scholars, civil libertarians, and veterans alike. In it, DHS Secretary Kristi Noem requested that the Department of Defense authorize federal military forces to detain or arrest civilians during immigration-related protests in Los Angeles — citing Title 18, the federal criminal code.
Her letter, addressed to Defense Secretary Pete Hegseth, called for troops to either:
"...detain, just as they would at any federal facility guarded by military, lawbreakers under Title 18 until they can be arrested and processed by federal law enforcement, or arrest them."
It was a request that, if granted, would have fundamentally altered the balance of military and civilian authority in the United States. Thankfully it was not granted. Well, not yet. Let’s unpack what it means — and why veterans, of all people, should be especially concerned.
🔥 What If the Request Had Been Granted?
The implications would’ve been sweeping:
Posse Comitatus would be bypassed, allowing federal troops to act as street-level law enforcement.
Precedent would be set for future administrations to use troops for domestic arrests, not just in crisis but in routine unrest.
Public trust in the military could erode, especially among communities historically targeted by law enforcement.
International condemnation could follow, undermining America's credibility as a democracy.
In short: The letter wasn’t just a policy proposal. It was a warning shot — testing the boundaries of American civil-military norms.
🧾 What Is the Insurrection Act?
The Insurrection Act is a rarely used federal law that allows the President to deploy military forces on U.S. soil only under extreme conditions, such as:
Rebellion against the government
Widespread obstruction of law enforcement
Civil rights violations the states refuse to address
It can only be invoked by the President, who must also issue a public proclamation warning civilians to disperse.
In this case, Trump did not invoke the Insurrection Act — which made Noem’s letter even more legally suspect.
🛡️ What Is the Posse Comitatus Act?
Passed in 1878, the Posse Comitatus Act strictly limits the use of the U.S. military in civilian law enforcement. It’s a cornerstone of American democracy:
Prevents military from becoming a domestic police force
Requires a specific Act of Congress (or invocation of the Insurrection Act) to allow exceptions
Applies to the Army and Air Force by statute — and the Navy and Marines by DoD policy
In short, military arrest of civilians is flatly illegal unless the Insurrection Act is invoked.
⚖️ Was January 6 an Insurrection?
Yes — in legal and congressional terms. The attack on the Capitol in 2021 has been widely classified as an insurrection based on:
Seditious conspiracy charges against militia groups
Judicial rulings and sentencing remarks
The January 6 Committee’s findings
Lawsuits invoking 14th Amendment Section 3 disqualification
However, the Insurrection Act was not invoked then either. Some say the failure to invoke the Act was restraint; others call it dereliction. Watch the videos from Los Angeles. Then watch January 6. You decide.
🧠 Why This Matters to Veterans
Many of us who served swore an oath to defend the Constitution — not a person, not a party. When elected officials propose turning troops inward, it is not just a policy debate. It’s a test of the republic.
We know the weight of the uniform. We also know what it means when it is turned against citizens instead of enemies. That’s not national defense — it’s domestic war.
If Noem’s request had been granted, the line between protest and insurrection could’ve been erased by decree.
🚨 Final Thoughts
Veterans fought to protect a nation where the military stays in its lane — defense abroad, not policing at home. We must stay vigilant when those in power try to blur that line.
And we must speak up, loudly, when the Constitution is treated as optional.
📝 Full text of the Insurrection Act: 10 U.S.C. §§ 251–255
📝 Posse Comitatus Act: 18 U.S.C. § 1385
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🪧 Have thoughts on this? I’d love to hear from you. Reply here or leave a comment on Substack.
📞 Contact Your Representatives
If you're concerned about the use of military force in civilian matters, reach out to your elected officials. It only takes a few minutes to make your voice heard.
🔗 Use this tool to get started: 5 Calls – Getting Started
Other ways to contact Congress:
📞 Call the Capitol Switchboard: (202) 224-3121 to be connected to your Senators or House Rep
📨 Use the official directory to email or message your Members of Congress: https://www.congress.gov/members
🗳️ Contact your state or district office directly — most have local phone numbers and staff to receive constituent concerns
📬 Mail a letter (yes, it still matters): U.S. House of Representatives and U.S. Senate
📰 Media Contacts
If you're a journalist, researcher, or media outlet covering military authority, civil liberties, or constitutional law, feel free to reach out — or tag outlets to bring awareness.
Recommended media handles to tag or contact:
@CNN
@MSNBC
@NBCNews
@ABC
@CBSNews
@FoxNews
@NPR
@Reuters
@AP
@nytimes
@washingtonpost
@politico
@propublica
@theintercept
@latimes
@sfchronicle
Reporters covering these issues:
Carol Leonnig (Washington Post) – carol.leonnig@washpost.com
Charlie Savage (NYT) – charlie.savage@nytimes.com
Ken Dilanian (NBC) – ken.dilanian@nbcuni.com
Melissa del Bosque (Border Chronicle) – melissa@theborderchronicle.com
Garrett Graff – garrett.graff@gmail.com
Spencer Ackerman (The Nation) – spencer.ackerman@protonmail.com
Marcy Wheeler (Emptywheel) – emptywheel@emptywheel.net
Kim Zetter – kim@zetter.net