The Enforcement Acts, among other powers, allow the president to call up military forces when state authorities are either unable or unwilling to suppress violence that is in opposition to the constitutional rights of the people.[

so potus needs to show that the states are unwilling or incapable of keeping the peace otherwise even intel derived from mi cant be used in court

however invasion is a reason to invoke martial law and military tribunals and 22 million illegal invaders sounds like they would count

so many words just to say you cant shoot ppl in america with military yet they dont put military on border to keep invaders out