DOJ Files First Criminal Charges for Migrants For Entering New Military Jurisdiction at Southern Border

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The Justice Department has filed the first criminal charges against migrants for breaching a newly established military jurisdiction at the southern border, marking a new way in which the Trump administration seeks to crack down on unlawful immigration.

At least 28 migrants were charged this week with entering through the 170-mile-long National Defense Area in southern New Mexico. These charges come in addition to the standard misdemeanor offense of illegal entry.

The new charges stem from a directive issued on April 18 by the commander of U.S. Army Garrison Fort Huachuca, which designated the Roosevelt Reservation, a 60-foot-wide federal buffer zone along the border, as a restricted military area under Army Regulation 190-13. Violating this designation now carries criminal penalties under federal law. U.S. Attorney Ryan Ellison, sworn in earlier this month, signed off on at least six of the cases filed in federal court in Las Cruces, as Border Report explains.

Speaking at the border last Friday, Defense Secretary Pete Hegseth said the zone is clearly marked with signs in English and Spanish. "You cross our border illegally, you will see them," he said. "It's clearly posted. And when you ignore them, you will be prosecuted." He added that migrants could face a combination of misdemeanors and felonies, including property destruction and evasion, potentially leading to sentences of up to 10 years.

The charges come amid a broader military mobilization at the U.S.-Mexico border. President Donald Trump has deployed roughly 10,000 troops, including armored Stryker vehicles and Navy destroyers, as part of a campaign to achieve what he calls "100 percent" operational control.

Troops are operating under exceptions to the Posse Comitatus Act, which limits military involvement in civilian law enforcement. A military official told the Washington Post on Wednesday that the shift in language from "holding" to "detaining" migrants reflects a more formal role in enforcement, though the scope remains under scrutiny.

Rebecca Sheff, senior staff attorney at the ACLU of New Mexico, also told the Post that the expansion risks violating constitutional norms:

"By authorizing service members to detain, search, and conduct 'crowd control,' these new authorities undermine our state's values of dignity, respect, and community. We don't want militarized zones where border residents — including U.S. citizens — face potential prosecution simply for being in the wrong place"