Defense Secretary Pete Hegseth and Homeland Security Secretary Kristi Noem are preparing a memo for President Donald Trump regarding conditions at the southern border. They will not recommend invoking the Insurrection Act, a 19th-century law that would allow the president to use active-duty troops for law enforcement functions such as arresting migrants. Trump’s executive order in January declared a border emergency, instructing Hegseth and Noem to report on conditions and advise on invoking the Insurrection Act for border control.

Hegseth and Noem are expected to inform Trump that current border crossings are low and additional authorities are unnecessary at this time to manage migrant flow. Migrant crossings at the southern border have significantly decreased, with fewer than 300 daily crossings compared to over 1,000 in previous years. The US military has deployed extra troops to the border for patrols, barricade construction, and logistical support to DHS, not for arrests.

While Trump administration officials are concerned about slow interior arrests of undocumented immigrants, utilizing the Insurrection Act to involve troops in arrests could boost arrest numbers nationwide. However, this surge in arrests may strain detention facilities’ capacity. Fort Bliss in El Paso, Texas, has been selected to potentially house thousands of migrants, but the construction of these facilities is pending. Plans to build migrant facilities at Guantanamo Bay have been halted indefinitely.

The Pentagon and DHS are expected to send their findings to the White House next week, as the deadline for Hegseth and Noem’s recommendation approaches. The debate over invoking the Insurrection Act reflects ongoing efforts to address border security challenges while considering the implications of involving military forces in domestic law enforcement.