The U.S. Capitol building in Washington, D.C., on May 7, 2025. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — Republicans cannot exempt gun silencers, short-barreled rifles and short-barreled shotguns from being classified as firearms under a federal gun regulation law from the 1930s, according to the Senate parliamentarian’s latest ruling on the “big, beautiful bill.”

The provision addressing silencers, also called suppressors, was added to the House’s version of the bill by Georgia Rep. Andrew Clyde. The Senate Finance Committee expanded it, adding in the other two classifications.

Also out of the bill is a sweeping private school voucher program that would have extended billions a year in tax credits to parents who move their children out of public schools.

The rulings mean those sections now will be dropped from the Senate version of the tax and spending cut measure, or rewritten in a way that meets the rules. 

Friday morning’s disclosure of the latest parliamentary ruling came as the Senate continues to struggle with the massive legislation, which GOP leaders in Congress want to pass in time for a self-imposed Fourth of July deadline for President Donald Trump’s signature.

The Senate will likely stay in session throughout the weekend and possibly into early next week to finish negotiations on provisions and release the final text, take a procedural vote, debate the bill, hold a marathon amendment voting session and then vote on final passage.

The House, which is scheduled to be in recess all next week for the holiday, is expected to return to Capitol Hill about two days after the Senate approves the bill to clear the legislation for Trump’s signature.

Gun silencer debate in House

Clyde said during floor debate in May that because silencers were included in the National Firearms Act, they were also subject to a $200 tax that he argued violates people’s Second Amendment rights.

“Under the law, they are firearms and therefore are protected by another law enacted in 1791 called the Second Amendment of our beloved Constitution,” Clyde said. “The right of the people to keep and bear arms shall not be infringed, and neither shall it be taxed.”

Florida Democratic Rep. Maxwell Frost spoke out against the House provision during floor debate, saying that during mass shootings, “silencers make it harder to identify and respond to the source of the gunshots.

“Earlier, I put forth an amendment to strip this tax cut for the gun lobby, and House Republicans wouldn’t even let it come up for a vote.”

Frost said that during 2023, the Bureau of Alcohol, Tobacco, Firearms and Explosives “recovered over 400 silencers from violent crime scenes. For this reason, silencers have been highly regulated for nearly 100 years.”

Senate Finance Committee ranking member Ron Wyden, D-Ore., released a statement Friday following the parliamentarian’s ruling, saying it eliminated Republicans’ “scheme to eliminate background checks, registrations and other safety measures that apply to easily-concealed firearms and gun silencers.”

“It’s no surprise that Republicans will jump at any opportunity to please the gun lobby by rolling back gun safety measures, but that kind of policy does not belong in a reconciliation bill,” Wyden wrote.

Finance Committee Chairman Mike Crapo, R-Idaho, did not immediately respond to a request for comment. But the committee has been going back and forth with the parliamentarian on how to rework other provisions deemed noncompliant to get them into the final bill.

A summary of the provision from Crapo’s office says it would have resulted “in the elimination of the transfer and manufacturing tax on these devices” and preempted “certain state or local licensing or registration requirements which are determined by reference to the National Firearms Act by treating anyone who acquires or possesses these rifles, shotguns, or other weapons in compliance with federal statute to be in compliance with the state or local registration or licensing requirements.”

Private school vouchers scrapped

The parliamentarian struck down the private school voucher program tucked into the Senate Finance Committee’s portion of the package, marking a significant blow to Trump’s and congressional Republicans’ school choice push.

The umbrella term “school choice” centers on alternative programs to a student’s assigned public school. Though advocates say school choice programs are necessary for parents dissatisfied with their local public schools, critics argue these efforts drain critical funds and resources from school districts.

The committee proposed $4 billion a year in tax credits beginning in 2027 for people donating to organizations that provide private and religious school scholarships.

The tax credit provision mirrored a bill that GOP lawmakers — Sen. Bill Cassidy of Louisiana along with Reps. Adrian Smith of Nebraska and Burgess Owens of Utah — reintroduced in their respective chambers earlier this year.

Immigration

Several provisions to reshape how immigrants apply for asylum were struck down by the parliamentarian Friday.

Those provisions would have required a $1,000 fee for an immigrant to apply for asylum – something that is currently free to people fleeing harm or persecution – and imposed a $5,000 fee for someone to sponsor an unaccompanied minor.

Some of the provisions would have added extra fees to immigration courts, which are already facing a historic backlog of millions of cases, for a mandatory $100 fee to continue a case.

The parliamentarian also struck out a policy that would have extended quick deportations, known as expedited removal, to immigrants arrested for a crime regardless of legal status.

Expedited removal is a deportation tool used to swiftly remove an immigrant near a U.S. border without appearing before an immigration judge. The Trump administration has already expanded its use of expedited removal to include the interior of the U.S., rather than just at borders such as Mexico and Canada.

State and local tax

Senate Republicans were still wrangling Friday afternoon over the amount of state and local taxes, or SALT, that taxpayers can deduct from their federal tax bills. House Republicans who represent high-tax blue states are pressuring their counterparts in the Senate to agree on a $40,000 deduction cap for taxpayers who earn up to $500,000 annually.

Treasury Secretary Scott Bessent briefly stepped out of closed-door negotiations to brief reporters, telling them a deal was “very, very close.”

The handful of House Republicans who represent blue states, including New York and California, carry a lot of leverage over final passage of the bill because of the party’s razor-thin margin in the House.

Reconciliation process

Republicans are moving their sweeping tax and spending cuts bill through Congress using a special process called budget reconciliation that comes with complex rules in the Senate.

The chamber’s parliamentarian combs through the bill, hears from Republicans and from Democrats before determining whether each provision has an impact on spending, revenue, or the debt limit.

There are several other aspects to the Byrd rule, named for former West Virginia Sen. Robert Byrd, including that a provision cannot have a “merely incidental” impact on the federal ledger. Reconciliation bills also cannot touch Social Security.

The parliamentarian has ruled several other provisions in the GOP mega-bill don’t comply with the guardrails for a reconciliation bill, though some committees have been able to rework certain policy changes to fit.

Republicans chose to move the bill through reconciliation because it allows them to get around the Senate’s 60-vote legislative filibuster, which typically forces bipartisan negotiations on major legislation. 

The process is time-consuming and opaque, but Republican leaders in Congress are still pushing forward with their self-imposed Fourth of July goal.

House Speaker Mike Johnson of Louisiana speaks to reporters about the Republican budget reconciliation package at a weekly press conference on Tuesday, June 24, 2025, at the U.S. Capitol. (Photo by Ashley Murray/States Newsroom)

This report has been updated.

WASHINGTON — U.S. Senate Republicans were scrambling Tuesday to restructure several proposals in the “big, beautiful bill” that don’t meet their chamber’s strict rules for passing a reconciliation package, while GOP lawmakers on the other side of the Capitol warned those changes may doom its passage in the House.

Senate Majority Leader John Thune, R-S.D., said he and several others are working on a way to bolster rural hospitals, which could experience financial strain as a result of the various changes to Medicaid and other health care programs in the package.

“We are working on a solution for rural hospitals and that’s something that’s been in the works now for several days in response to a number of concerns that our colleagues have mentioned in ensuring that the impact on rural hospitals be lessened, be mitigated,” Thune said. “And I think we’re making good headway on that solution.”

Thune said GOP lawmakers shouldn’t let the “perfect be the enemy of the good,” though he predicted there “could be” two or three Republicans who vote against the package.

“We’ve got a lot of very independent-thinking senators who have reasons and things that they’d like to have in this bill that, in their view, would make it stronger,” Thune said. “But at the end of the day this is a process whereby not everybody is going to get what they want. And we have to get to 51 in the United States Senate.”

More objections to Medicaid cuts

Missouri Sen. Josh Hawley, who has been vocal about Medicaid changes and rural hospitals, said he had “no details whatsoever” about the rural hospital fund or how it would work if it’s added to the bill.

But he said he’s not going to support a bill that takes away working people’s health care.

“We’ve got 1.3 million people on Medicaid in Missouri, hundreds of thousands of kids. That’s 21% of my population. Most of these people are working people. They’re on Medicaid, not because they’re sitting around at home; they’re on Medicaid because they don’t have a job that gives them health care and they cannot afford to buy it on the exchange,” Hawley said. “They don’t want to be, but it’s their only option. And I just think it’s wrong to take away health care coverage from those folks. Now if they’re not working, then sure, they should be.”

Senate Republican Policy Committee Chair Shelley Moore Capito, R-W.Va., said she had a “lengthy discussion” with her home state’s hospital association earlier in the day.

“This has a lot of impacts and we want to make sure we have a lot of rural hospitals. That’s why this rural hospital fund idea is developing,” Capito said. “I don’t think anything is set yet but that is an issue. I think Medicaid, we need to preserve it for the people it’s intended for and get rid of the people who don’t deserve it and don’t qualify and are bilking the system.”

Capito said she hadn’t yet formed an opinion on the rural hospital fund since there isn’t yet a formal proposal written down.

Public lands

In one major development, the Senate parliamentarian ruled Monday that a controversial provision championed by Senate Energy and Natural Resources Chairman Mike Lee to mandate the sale of at least 2 million acres of public lands in 11 Western states did not comply with the chamber’s rules for reconciliation.

Lee, a Utah Republican, has said the provision would free up land to build new housing. But Democrats and some Republicans from the affected states strongly opposed it.

Lee said on social media Monday evening that he was working to rewrite the proposal to comply with reconciliation rules. A spokesperson for his office did not return a message seeking comment Tuesday morning.

SNAP cost-sharing under debate

In another turn of events, Senate Agriculture Chairman John Boozman, R-Ark., earlier Tuesday had announced the panel successfully reworked a provision that would transfer some of the cost of the Supplemental Nutrition Assistance Program to state governments.

But a spokesperson for the panel said later that the parliamentarian actually has not yet made a ruling. The spokesperson said “we’ve gotten some clarification from leadership and it’s steering in the direction it would be compliant but not official.”

Boozman earlier had said his proposal would improve SNAP. “Our commonsense approach encourages states to adopt better practices, reduce error rates, be better stewards of taxpayer dollars, and prioritize the resources for those who truly need it,” Boozman wrote in a statement.

The new language, if accepted, would give states the option of selecting fiscal year 2025 or 2026 as the year that the federal government uses to determine its payment error rate for SNAP, which will then impact how much of the cost the state has to cover starting in fiscal year 2028. Afterward, a state’s payment error rate will be calculated using the last three fiscal years.

Any state with an error rate higher than 6% will have to cover a certain percentage of the cost of the nutrition program for lower income households.

Rushing toward deadline

The internal debates among lawmakers about how to rewrite major pieces of the tax and spending cuts package have led to a rushed feeling among Republican leaders, who have repeatedly promised to approve the final bill before the Fourth of July — an exceedingly tight timeline.

Speaker Mike Johnson, R-La., said during a press conference shortly after a closed-door House GOP conference meeting Tuesday that he’s hopeful the final bill that comes out of the Senate won’t make too many changes to what the House approved earlier this year.

“I remain very optimistic that there’s not going to be a wide chasm between the two products — what the Senate produces and what we produce,” Johnson said. “We all know what the touchpoints are and the areas of greatest concern.”

Republicans, he said, know they need to focus on preserving a fragile compromise on the state and local tax deduction, or SALT, that helps offset the cost of living in some higher-tax states like California, New Jersey and New York.

A deal Johnson brokered with GOP lawmakers in the SALT Caucus has been significantly rewritten in the Senate, but is expected to move back toward the House version, though not entirely.

Johnson also mentioned GOP efforts to roll back certain clean-energy provisions that Democrats approved and President Joe Biden signed into law in their signature climate change, health care and tax package, called the Inflation Reduction Act, or IRA, in 2022.

“We’ve got to get the SALT negotiation number right. We’ve got to make sure the IRA subsidies are handled in an appropriate manner,” Johnson said. “Look, you’ve got a number of provisions.”

Johnson said he expects the Senate to vote on its final bill by Friday or Saturday and that he’s told House lawmakers to “keep your schedules flexible” on being in Washington, D.C., for a final House vote. 

Trump goads Republicans

President Donald Trump sought to spur quick approval of a final bill, posting on social media that GOP lawmakers should get the package to him as soon as possible.

“To my friends in the Senate, lock yourself in a room if you must, don’t go home, and GET THE DEAL DONE THIS WEEK. Work with the House so they can pick it up, and pass it, IMMEDIATELY,” Trump wrote Tuesday. “NO ONE GOES ON VACATION UNTIL IT’S DONE. Everyone, most importantly the American People, will be much better off thanks to our work together. MAKE AMERICA GREAT AGAIN!”

Oklahoma Sen. Markwayne Mullin said there are concerns among his fellow Republicans about all of the provisions that must be removed or significantly reworked to meet the complex rules for moving a reconciliation bill through that chamber.

“Every time something comes out that we’re using as a pay for, it takes the deficit reduction down. And they’ve taken out nearly $300 billion so far. We’ve got to make that up,” Mullin said after leaving the closed-door House GOP meeting. “The Senate can’t come in below the House version as far as deficit reduction. So that makes it difficult.”

Mullin, who has been acting as his chamber’s top negotiator with SALT Republicans in the House, told reporters he expects the deduction for state and local taxes to remain at the $40,000 level negotiated in the House. But said the Senate will likely rewrite the $500,000 income ceiling to qualify for the tax deduction.

“I think 40 is a number we’re going to land on,” Mullin said. “It’s the income threshold that’s in negotiations.”

Sen. Kevin Cramer of North Dakota said “most of us would like to make it zero.”

“I hate the idea of $40,000 but if that’s what it takes to pass the bill, I probably could do it. I would like to maybe find some other tweaks to it, somehow, like changing the income levels,” he said.

Treasury Secretary Scott Bessent told reporters he expects a resolution on SALT in the next 24 to 48 hours.

“I had a very successful lunch meeting with the senators. I think that we are on track,” Bessent said.

The ‘red line’ in the House

New York Republican Rep. Mike Lawler told reporters following the closed-door meeting that Senate leaders shouldn’t assume whatever they pass will be accepted by the House.

“I’ve been very clear about where my red line is. So, you know, we’ll let this process play out,” Lawler said. “I think the Senate should recognize the only number that matters is 218, and 50 plus 1. That’s it. And how do you get there?”

Republicans hold 53 seats in the Senate, so leadership cannot lose more than four votes and still approve the package, given that Democrats are universally opposed.

In the House, GOP leaders have 220 seats and need nearly every one of their members to support whatever the Senate sends back across the Capitol for it to make it to the president’s desk before their self-imposed deadline.

In addition to the SALT tax compromise, Lawler said he has concerns about how the Senate has changed other provisions, including those addressing Medicaid, the state-federal health program for lower income people.

“Yeah, there are a number of concerns about decisions that they’re making,” Lawler said. “And obviously, the bill on their side is not final, so we’ll see where it goes.”

Missouri Republican Rep. Jason Smith, chairman of the Ways and Means Committee that crafted the tax provisions in the reconciliation bill, stood by the House’s version of the Opportunity Zone Tax Incentives. The House version extends the incentive from the 2017 Tax Cuts and Jobs Act for a year, while the Senate’s version makes it permanent.

The Opportunity Zone Tax Incentive was pushed by South Carolina Sen. Tim Scott during the first Trump administration, which aimed to create tax cuts for businesses and real estate to invest in low-income communities, but it had mixed results.

“The tax bill that we’re going to deliver is gonna deliver for working families, small businesses and farmers,” Smith said.

Thumbs down from one House Republican

House Freedom Caucus Chairman Andy Harris, R-Md., posted on social media that he doesn’t support how the Senate has changed the bill and that he would seek to block it from becoming law. 

“The currently proposed Senate version of the One Big Beautiful Bill weakens key House priorities—it doesn’t do enough to eliminate waste, fraud, and abuse in Medicaid, it backtracks on Green New Scam elimination included in the House bill, and it greatly increases the deficit – taking us even further from a balanced budget.

“If the Senate tries to jam the House with this version, I won’t vote ‘present.’ I’ll vote NO.”

Rattlesnakes and the Senate

West Virginia Republican Sen. Jim Justice told reporters that it’s important for the Senate to take its time in its changes to the reconciliation package and that GOP lawmakers need to be patient.

“If you’re walking through the woods and you look right over there at that wall and there’s a rattlesnake all curled up there and everything, what do you do?” Justice asked. “Most people just jump and take off runnin’, well … rattlesnakes run in pairs and if you just jump left or right or behind, that one can hurt you right there.”

Rattlesnakes are typically solitary creatures, but new research has shown that rattlesnakes are more social than previously thought.

Justice said the best course of action when dealing with a rattlesnake, or two, is to stand still for a moment.

“Look to the left, look to the right, look behind you, and then decide which way you’re going,” he said. “That’s what I think we need to do (in the Senate).”

U.S. President Donald Trump and first lady Melania Trump stand together at the end of the U.S Army parade on June 14, 2025 in Washington, D.C. (Photo by Andrew Harnik/Getty Images)

This report has been updated.

WASHINGTON — President Donald Trump on Saturday celebrated his 79th birthday reviewing a parade of tanks, armament and marching soldiers gathered in the nation’s capital for the Army’s 250th anniversary celebration, amid heightened political tensions across the country and anti-Trump “No Kings” protests.

The nearly 90-minute parade cycled through the Army’s history, beginning with soldiers marching in Revolutionary War uniforms and ending with symbols of the Army’s future, including small robots carrying the U.S. Army flag and new West Point cadets about to be sworn in.

Massive tactical vehicles rolled down Constitution Avenue one after another. Sherman tanks used by the military in World War II were followed by early 2000s-era howitzers and HIMARS, or High Mobility Artillery Rocket Systems, that can launch newly developed precision missiles that reach up to 310 miles away, according to the Army.

HIMARS were among the weaponry the U.S. provided to Ukraine’s forces under President Joe Biden.

“The Army keeps us free,” Trump said in brief remarks at the conclusion of the parade, after Vice President J.D. Vance introduced him. “Every other country celebrates their victories, it’s about time America did too. That’s what we’re doing tonight.”

But tragedy and deep conflict marked the hours and days leading to the event. Early Saturday, a Minnesota Democratic state lawmaker and her husband were assassinated in their home in an “act of political violence,” said Minnesota Gov. Tim Walz, while another legislator and his wife were shot and gravely wounded.

Late Friday, dozens of veterans breached barricades around the U.S. Capitol in protest of the Army parade. On Thursday, a Democratic U.S. senator from California was handcuffed and forcibly removed from a press conference with the head of Homeland Security.

Last weekend, multi-day protests erupted in Los Angeles after immigration raids swept across several Home Depots, typically where undocumented day laborers search for work, as Trump’s mass deportations continue to be carried out.

And the president is in a legal standoff with California Gov. Gavin Newsom, a Democrat, after Trump ordered more than 4,000 National Guard troops and 700 Marines to be sent to LA without Newsom’s consent and Newsom sued. The Guard troops remained in LA Saturday after a federal appeals court froze a lower court’s order directing Trump to return command to Newsom.

The city saw a large protest Saturday afternoon, according to local media reports. A curfew of 8 p.m. Pacific time remained in effect, Mayor Karen Bass’ office said in a morning press release.

And on Saturday night, the Salt Lake City Police Department said it was investigating a shooting that occurred during a “No Kings” protest and officials urged people to disperse the demonstration.

‘Yeah, I wanna be there’

In Washington, spectators from across the country began lining barriers along the Army parade route hours before the event’s start.

Scott Aiken, 59, of Athens, Georgia, drove 10 hours for the parade. Aiken, who told States Newsroom he voted for Trump in the last three presidential elections, said he wanted to support the anniversary of the Army.

“My father was in the Army, and my wife’s father was in the Army, and we’re a supportive military family. And when I heard the parade was going to happen, I thought, ‘Yeah, I wanna be there.’ So we drove up from Athens on Thursday, and did the Capitol tour yesterday, and here we are.”

When asked about the timing of Trump’s birthday, Aiken said “whether it’s on his birthday or not, I don’t care. That’s not the purpose of this.”

Members of Trump’s Cabinet and other allies on social media posted well wishes and greetings. “Wishing a very happy birthday to our incredible President Donald J. Trump!” Secretary of Homeland Security Kristi Noem posted on X. Trump said on his social media site, Truth Social, “President Putin called this morning to very nicely wish me a Happy Birthday, but to more importantly, talk about Iran,” referring to Russian President Vladimir Putin and a recent attack by Israel on Iran’s military leaders.

Not everyone at the parade was wishing Trump well. Angelica Zetino, 24, and Shoshauna Brooks, 27, from Rockville and Gaithersburg, Maryland, stood out among the crowd as they carried signs protesting Trump’s administration, particularly recent immigration raids.

The pair began their morning at a “No Kings” protest in Rockville before heading to D.C.

“They (the administration) just want to put on a show, which is OK, but we’re here to support the people that can’t have a voice for themselves,” Brooks said.

Tom Moore, 57, of the District of Columbia,, took issue with Trump’s words this week that any parade protesters would be met with force. 

“That’s not acceptable. He didn’t say violent protesters. I wasn’t planning on coming down here before that,” said Moore.

Trump told reporters in the Oval Office on June 10 that any protests at the military parade “will be met with very heavy force.”

Rallies opposing Trump

Throughout Saturday, protests unfolded across the U.S. bearing the theme “No Kings” to decry Trump’s military display on his own birthday and the mass immigration arrests.

The “No Kings” national organizers said in a press release that as of 2 p.m. Eastern, protesters had rallied at more than 1,500 sites across the country, with 600 more events scheduled through the rest of the day. “No Kings” was organized by liberal groups and labor unions including Indivisible, the American Federation of Teachers, American Civil Liberties Union, Public Citizen, MoveOn, 50501, Interfaith Alliance, Stand Up America, Common Defense, Human Rights Campaign and League of Conservation Voters.

Approximately 60 protesters were arrested outside the U.S. Capitol Friday evening, according to the U.S. Capitol Police. Veterans for Peace, a group that organized the demonstration, posted photos of the arrests and of several demonstrators wearing “Veterans Against Fascists” t-shirts.

Police said 75 people peacefully demonstrated outside of the U.S. Supreme Court.

“A short time later, approximately 60 people from the group left the Supreme Court so as a precaution, our officers began establishing a perimeter,” a police spokesperson told States Newsroom in an email. “A few people pushed the bike rack down and illegally crossed the police line while running towards the Rotunda Steps. Our officers immediately blocked the group and began making arrests.”

Among those arrested was an elderly Vietnam veteran using a walker, Capitol Police confirmed.

Two mules and a dog

A trickle of red “Make America Great Again” hats and apparel displaying support for the Army intermingled as supporters shuffled into the parade grounds Saturday afternoon.

The parade featured soldiers from every division, 150 vehicles, 50 aircraft, 34 horses, two mules and one dog, at a price tag in the tens of millions of dollars, according to the Army.

Among the vehicles and equipment that rolled down Constitution Avenue between 15th and 23rd streets were Abrams tanks, first used in 1991 for Operation Desert Storm; and 9,500-pound titanium M777 lightweight Howitzers that fire 105-pound shells up to 24 miles and are currently in use on Ukraine’s battlefields.

Military aircraft that could be seen above Washington in ceremonial flyovers, from AH-64 Apaches, UH-60 Blackhawks and CH-47 Chinooks. Army Golden Knights parachuted down to the White House South Lawn, red smoke in their wake, to present Trump with a folded flag. The president has never served in the military.

D.C. Mayor Muriel Bowser expressed concern in the weeks leading up to the parade about the heavy tactical vehicles causing damage to the city’s streets. The Army Corps of Engineers had installed large steel plates ahead of the event to reinforce the roads.

The parade coincided with the Army’s 250th birthday celebration festival, which has been in the works for a year.

The parade appears to have been a late addition to the festivities. According to documentation obtained by local D.C. news outlet WTOP, America250 applied on March 31 for a permit for the parade. A May 21 press release about the parade from America250, which describes itself as a “nonprofit supporting organization to the U.S. Semiquincentennial Commission,” celebrated Trump’s role in the event.

Trump wanted a military parade during his first term, but the idea was dismissed because of cost, NBC reported at the time.

The last time the U.S. staged a celebratory military parade was in 1991 under former President George H.W. Bush to recognize the victory in the first Gulf War.

Immigration enforcement and military 

The big Army celebration early in Trump’s second term came as the president has intertwined the U.S. military with his immigration policy, as shown in LA and elsewhere.

In his first days in office, Trump signed five executive orders that laid out the use of military forces within the U.S. borders and extended other executive powers to speed up the president’s immigration crackdown.

He’s directed the Department of Defense to use a naval base in Guantanamo Bay, Cuba to detain migrants. Military planes have been used in deportations – rather than standard commercial airplanes.

In April, he signed a proclamation creating a military buffer zone that stretches across Arizona, California and New Mexico just north of the U.S.-Mexico border. It means any migrant crossing into the United States would be trespassing on a military base, therefore allowing active-duty troops to hold them until U.S. Border Patrol agents arrive.

National and military experts have raised concerns that giving control over the Roosevelt Reservation to the military could violate the Posse Comitatus Act, an 1878 law that generally prohibits the military from being used in domestic law enforcement. A statutory exception in the Posse Comitatus Act of 1878, is the Insurrection Act of 1807.

Trump has considered invoking the Insurrection Act, but has stopped short. The Insurrection Act is an existing presidential authority that would grant the president access to use all federal military forces, more than 1 million members.

The Insurrection Act has only been invoked 30 times, and is typically focused on an area of great civil unrest that has overwhelmed law enforcement.

The last time a president used it was 1992, during the Los Angeles riots, after four white police officers were acquitted in the brutal beating of Black motorist Rodney King.

In calling in the National Guard in LA last week, Trump cited a rarely used statute known as the protective power –  10 U.S.C. 12406 – to use National Guard troops to protect federal personnel and property, but not for broad law enforcement functions.