
The U.S. military under the Trump administration has established a new National Defense Area as a way to get troops involved in its immigration crackdown.
The area in question is in Yuma, Arizona, and is the fourth in the southern border. It will span about 32 miles, the U.S. Northern Command said. Border Report noted it is located next to the Barry M. Goldwater Complex, a training range for fighter pilots.
The military added that service members will patrol the area and detain those who seek to cross into the country unlawfully. Those apprehended can be charged with trespassing on military property, as well as illegal entry.
Over a third of the southern border is now covered by National Defense Areas. Up until the establishment of the new area, zones were being patrolled by at least 7,600 armed forces members.
Troops have expanded their role in immigration enforcement, conducting direct arrests of migrants attempting to cross the border.
Concretely, U.S. Army Lieutenant Colonel Chad Campbell said that the first detentions took place in early June after three migrants entered such an area in New Mexico. They were then turned over to Customs and Border Protection (CBP) and charged with illegally entering militarized areas.
Under the Posse Comitatus Act, the military is prohibited from carrying out law enforcement operations on U.S. soil unless expressly authorized by Congress. However, The Associated Press noted that an exception called the military purpose doctrine allows it in some cases.
Federal prosecutors have charged migrants with both illegal entry and trespassing under military restrictions, offenses that carried combined penalties of up to ten years in prison.
However, a judge found that the migrants lacked notice, as attorneys argued that warning signs were inadequate or not yet installed when many migrants crossed.
Migrants still face misdemeanor charges of illegal entry and remain in federal custody. Prosecutors may appeal the dismissals or refile charges with additional evidence.
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