U.S. Troops Ramp Up Role In Immigration Enforcement, Now Detaining Migrants Entering Military Areas

U.S. troops have begun conducting direct arrests of migrants crossing into recently-designated military areas, expanding their role in immigration enforcement.

Concretely, U.S. Army Lieutenant Colonel Chad Campbell said the first detentions took place last week 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.

A Department of Defense response went to interdict those three individuals, told them to sit down. ... In a matter of three minutes, border patrol agents came in to apprehend. So that three minutes is that temporary detention" Campbell said.

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.

So far, some 1,400 migrants have been apprehended while crossing the border through the militarized areas and charged. Many have been convicted s follow guilty pleas. However, a federal judge in New Mexico dismissed in mid-May charges against nearly 100 migrants arrested over such charges.

Concretely, Chief U.S. Magistrate Judge Gregory B. Wormuth ruled that the government failed to demonstrate the migrants knew they were entering restricted land.

Federal prosecutors had charged migrants with both illegal entry and trespassing under military restrictions, offenses that carried combined penalties of up to ten years in prison.

However, Judge Wormuth found that migrants lacked notice, as attorneys argued that warning signs were inadequate or not yet installed when many migrants crossed.

Others crossed between signs, in darkness, or were unable to understand the warnings. "It's just a bunch of desert," said Carlos Ibarra, a defense attorney for the migrants who saw the charges dismissed. "They're just coming over the same as usual, and all of a sudden, it's military charges. Nobody knows what's going on."

Migrants still face misdemeanor charges of illegal entry and remain in federal custody. Prosecutors may appeal the dismissals or refile charges with additional evidence.