SANTA FE, N.M. — In a recent enforcement strategy, several hundred immigrants have faced charges for unauthorized entry into newly militarized zones located along the southern U.S. border segments of New Mexico and western Texas. This strategy was implemented by the Department of Justice starting late April. These areas now fall under military oversight, essentially transforming them into national defense zones.
As part of this new initiative, President Donald Trump’s administration has shifted control of certain border sections to the military. While U.S. troops have not yet exercised their authority to hold immigrants who cross the border illegally, arrests continue under U.S. Customs and Border Protection. The military oversight is managed by U.S. Army commands at Fort Bliss in Texas and Fort Huachuca in Arizona, putting strategic sections of lands into restricted defense zones.
Immigrants accessing these militarized zones face new national security charges, which could extend their confinement by up to 18 months, in addition to a possible six-month sentence for illegal entry. It remains uncertain how these policies will impact individuals seeking legal status through federal immigration court proceedings.
In a bid to expedite the removal of illegal immigrants and manage deportations, the Trump administration has stationed thousands of troops at the border. Reports indicate immigration-related arrests have plummeted to their lowest levels since the mid-1960s. In New Mexico, the federal public defender’s office in Las Cruces reports approximately 400 related cases have been processed in criminal court. The office is currently advocating for the dismissal of charges involving unauthorized entry and breach of security regulations.
Legal procedures are in ongoing discussions, with Las Cruces-based federal Magistrate Judge Gregory Wormuth consulting federal prosecutors and public defense lawyers on adequate proof standards for these unprecedented trespassing allegations. Public defenders argue that it’s crucial to demonstrate that immigrants willfully violated military restrictions for a malevolent purpose.
Ryan Ellison, the recently appointed U.S. Attorney in New Mexico, states that hundreds of warning signs have been placed in both Spanish and English, clarifying that border entry is forbidden under Department of Defense directives along New Mexico’s 180-mile (290-kilometer) frontier line. Ellison emphasizes that immigrants bypassing official entry points do so in deliberate contravention of both federal laws and military rules.
Rebecca Sheff, an attorney with the ACLU, expressed concerns that civil liberties are at stake as the government intensifies its border powers and limits civilian movement. She indicated, “The expansion of these military bases profoundly affects families residing in proximity to the border.”
The Department of Justice advises Judge Wormuth against making advisory rulings on legal standards related to trespass within military zones. In a court statement, Ellison highlighted the importance of the New Mexico National Defense Area as a vital security measure to bolster border safeguarding activities.
Democratic U.S. Sen. Martin Heinrich has voiced his concerns in a letter addressed to Defense Secretary Pete Hegseth. Heinrich is apprehensive about the potential for indiscriminate stops and detention by U.S. Army personnel in a 170-square-mile area that was once governed by the Department of the Interior and used largely for recreational and ranching purposes.
Meanwhile, Hegseth has publicly advocated for strict enforcement, stating unequivocally that violations within the National Defense Area will result in prosecutions “to the FULLEST extent of the law.”