President Donald Trump has stated that he is not ruling out the possibility of declaring a state of emergency before the midterm elections, indicating that "a lot of people think I should use it sometimes." When questioned about invoking the Insurrection Act unless widespread violence erupts, Trump told Time magazine, "I don’t rule anything out or in."

The Insurrection Act is a federal law that permits a U.S. president to deploy the military and National Guard to quell civil disorder, insurrection, or rebellion. Its last use was by former President George H.W. Bush in 1992, in response to the Los Angeles riots following the Rodney King verdict.

Trump commented on crime rates and immigration, two issues he has previously suggested the Insurrection Act could be used for. "We have the lowest murder rate since 1900, 125 years," he said, appearing to reference a January report. "We have the lowest murder rate. That’s despite the fact that they allowed 25 million people," he added, referring to a figure he has repeatedly, and baselessly, attributed to the number of undocumented immigrants who have entered the U.S. during the Biden administration. While his administration has linked declining crime rates to immigration enforcement, one recent study has disproven this connection.

Amidst reports of his administration raising concerns about voter fraud ahead of the November elections, there are growing worries that Trump might direct the military, at either the state or federal level, to patrol polling places. This has led to concerns about potential militarization of cities and states.

On Monday, Defense Secretary Pete Hegseth directed the military to prepare to defend the upcoming midterm elections from foreign interference, with a focus on cyber and intelligence capabilities, according to his memo.