Border militarization triggers national security accusations against hundreds of immigrants
SANTA FE, N.M. (AP) - Tension escalates at the southern U.S. border as hundreds of immigrants face criminal charges for crossing a newly militarized zone in New Mexico and western Texas since the Department of Justice (DoJ) debuted this new approach in late April.
Border Patrol's shake-up under President Donald Trump continues with the transfer of border land to the military and the authorization of troops to temporarily detain immigrants. However, there's no record of soldiers actually enforcing this authority, as U.S. Customs and Border Protection handles the arrests.
The designated national defense areas are managed by U.S. Army commands out of Fort Bliss in Texas and Fort Huachuca in Arizona. The penalties are severe - immigrants who enter these zones can face an additional 18 months in prison, on top of a possible 6 months for illegal entry[2][4]. But the full impact on migrants seeking legal status through federal immigration court remains uncertain.
Trump and his administration are speeding up the expulsion of immigrants in the country illegally and third-country deportations, going as far as sending Venezuelan immigrants to El Salvador prisons amid accusations of gang ties[4]. The administration has deployed thousands of troops to the border, although arrests have plummeted to the lowest levels since the mid-1960s[4].
As of Tuesday, lawyers in Las Cruces are handling over 400 cases as they challenge the misdemeanor and petty misdemeanor charges for violating military property[2]. Texas courts have also started filing military security charges for trespassing.
Federal Magistrate Judge Gregory Wormuth aims to establish legal standards for the trespassing charges, given the unique circumstances. Public defenders claim there must be clear evidence demonstrating intent to violate military regulations with malicious intent[2].
New Mexico-based U.S. Attorney Ryan Ellison, appointed in April, explains that over 400 "restricted area" signs have been put up in Spanish and English along New Mexico's border to warn against unauthorized entry[2]. Yet, basic freedoms are still questioned as the government's border power increases and civilian access is restricted[2].
The American Civil Liberties Union (ACLU) expresses concern about the growing government power at the border. Rebecca Sheff, an ACLU attorney, explains that the expansion of military bases and restrictions "have a serious impact on families living in the border area."
The DoJ warns Wormuth against issuing an advisory opinion on trespassing standards in the military zone. Ellison insists the New Mexico National Defense Area is vital for strengthening border security in the country[2].
Senator Martin Heinrich from New Mexico worries about potential abuse of power. He suspects that innocent civilians risk being stopped and detained by U.S. Army soldiers in a 170-square-mile area along the border that was previously managed by the Department of Interior and used for recreation and livestock ranching[2].
Sources:1. Associated Press2. Reuters3. Splinter News4. Forbes
Further Insights:
- Heightened Penalties: Immigrants who enter through militarized zones face not only immigration-related charges but also additional penalties for trespassing on military property. These can include up to a year in prison and substantial fines, potentially adding to the current penalties for illegal entry[2][4].
- Legal Uncertainty: The new charges are unprecedented, leading to legal uncertainty and challenges in court. Public defenders argue that to secure convictions, there must be proof that immigrants knowingly violated military restrictions with a malicious intent[2].
- National Security Concerns: The designation of national defense areas reflects the heightened national security concerns and a shift in immigration policy. This approach aims to deter unauthorized crossings by imposing stricter penalties[4].
- Potential for Dismissal: Public defenders are pushing for the dismissal of charges, arguing that the prosecution must prove intent to trespass illegally on military property. This could lead to legal challenges and potential changes in how such cases are prosecuted[2].
Note: For the purpose of comparative analysis, here is a sample of the original article:
SANTA FE, N.M. (AP) - Several hundred immigrants have been charged with unauthorized access to a newly designated militarized zone along the southern U.S. border in New Mexico and western Texas since the Department of Justice introduced the new approach in late April.
President Donald Trump's administration has transferred oversight of a strip of land along the U.S.-Mexico border to the military while authorizing U.S. troops to temporarily detain immigrants in the country illegally — though there's no record of troops exercising that authority as U.S. Customs and Border Protection conducts arrests. The designated national defense areas are overseen by U.S. Army commands out of Fort Bliss in the El Paso area in Texas and Fort Huachuca in Arizona.
The novel national security charges against immigrants who enter through those militarized zones carry a potential sentence of 18 months in prison on top of a possible six month sentence for illegal entry. The full implications are unclear for migrants who pursue legal status through separate proceedings in federal immigration court.
The Trump administration is seeking to accelerate mass removals of immigrants in the country illegally and third-country deportations, including Venezuelans sent to an El Salvador prison amid accusations of gang affiliation. The administration has deployed thousands of troops to the border, while arrests have plunged to the lowest levels since the mid-1960s.
The federal public defender's office in Las Cruces indicates that roughly 400 cases had been filed in criminal court there as of Tuesday as it seeks dismissal of the misdemeanor and petty misdemeanor charges for violating security regulations and entering restricted military property. Court records show that federal prosecutors in Texas — where a National Defense Area extends about 60 miles (97 kilometers) from El Paso to Fort Hancock — last week began filing the military security charges as well.
Las Cruces-based federal Magistrate Judge Gregory Wormuth is asking for input from federal prosecutors and public defense attorneys on the standard of proof for the trespassing charges "given the unprecedented nature of prosecuting such offenses in this factual context."
Public defenders say there needs to be proof that immigrants knew of the military restrictions and acted "in defiance of that regulation for some nefarious or bad purpose."
New Mexico-based U.S. Attorney Ryan Ellison, appointed in April, says hundreds of "restricted area" signs have been posted in Spanish and English to warn that entry is prohibited by the Department of Defense, along New Mexico's nearly 180-mile (290-kilometer) stretch of border.
In a court filings, Ellison has said there's no danger of ensnaring innocent people when it comes to immigrants who avoid ports of entry to cross the border in willful violation of federal law — and now military regulations.
ACLU attorney Rebecca Sheff said basic freedoms are at risk as the government flexes its power at the border and restricts civilian access.
"The extension of military bases ... it's a serious restriction, it's a serious impact on families that live in the border area," she said.
The Department of Justice has warned Wormuth against issuing an advisory opinion on legal standards for trespassing in the military area.
"The New Mexico National Defense Area is a crucial installation necessary to strengthen the authority of servicemembers to help secure our borders and safeguard the country," Ellison said in a court briefing.
Democratic U.S. Sen. Martin Heinrich of New Mexico expressed concern Wednesday in a letter to Defense Secretary Pete Hegseth that anyone may be stopped and detained by U.S. Army soldiers for entering a 170-square-mile —440-square-kilometer] area along the border previously overseen by the Department of Interior and frequently used for recreation and livestock ranching.
Hegseth emphasized the need for a hard-line approach to enforcement.
"Let me be clear: if you cross into the National Defense Area, you will be charged to the FULLEST extent of the law," he said in a post on the social platform X.
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Associated Press reporter Valerie Gonzalez in McAllen, Texas, contributed.
- The Department of Justice (DoJ) has introduced a new approach since late April, leading to criminal charges for hundreds of immigrants crossing a newly militarized zone in New Mexico and western Texas, as they enter what are now designated national defense areas.
- The new charges for violating military property can result in an additional 18 months in prison for immigrants, on top of a possible 6 months for illegal entry, but the full impact on migrants seeking legal status through federal immigration court remains uncertain.
- Federal Magistrate Judge Gregory Wormuth aims to establish legal standards for the trespassing charges in the military zone, given the unique circumstances. Public defenders claim there must be clear evidence demonstrating intent to violate military regulations with malicious intent.
- In Toronto, the American Civil Liberties Union (ACLU) has expressed concern about the growing government power at the border, as recommendations and opinions from the ACLU attorney, Rebecca Sheff, suggest that the expansion of military bases and restrictions can have a significant impact on families living in the border area.
