U.S. authorities said they began the first criminal prosecutions against immigrants illegally in the U.S. accused of entering a new military buffer zone along the southern border. Roughly 28 migrants are reportedly charged with “violations of security regulations” for crossing into the designated military area. The violation, although a misdemeanor, may carry a fine of up to $100,000 per person and potentially up to one year in prison.
What happened?
The migrants were charged after reportedly entering the 170-mile-long military zone in New Mexico, according to court filings obtained by Reuters. The establishment of the new buffer zone gives U.S. troops in the area the authority to detain migrants found there and hand them over to U.S. Customs and Border Protection agents or other law enforcement officials.
Why are these the first charges?
The penalty for illegal border crossings is typically less severe, but the Trump administration is working to deter unlawful entry into the United States. The charges revealed on Monday, April 28, are made possible in part by the creation of the “New Mexico National Defense” area on April 18.
What is the new area operated by the Department of Defense?
As Straight Arrow News reported, the Department of Defense had the U.S. Army’s Fort Huachuca expanded to include nearly 110,000 acres of federal land, which until last week belonged to the Department of the Interior. The land transfer is reportedly in effect for three years and creates a buffer zone along the U.S.-Mexico border.
The area is traditionally known as a route many asylum seekers and migrants use to illegally cross into the U.S. Crossing into a military zone carries more serious penalties than a charge of a typical illegal border crossing, which is what the Trump administration hopes will deter people from coming into the U.S. unlawfully.
What is Defense Secretary Pete Hegseth saying?
On Friday, April 25, Defense Secretary Pete Hegseth visited the newly created buffer zone, where he called it the latest tool employed by the Trump administration to combat what he called an “invasion” of immigrants illegally in the U.S.
“Clear English, clear Spanish,” Hegseth said. “This is Department of Defense property, the national defense area, formerly known as the Fort Huachuca annex zone, is federal property. Any illegal attempting to enter that zone is entering a military base, a federal, protected area,” Hegseth added. “You can be detained. You will be detained. You will be interdicted by U.S. troops and border patrol working together.”
Hegseth also said that any person who cuts fences may face charges of destroying government property, and if they try to run, they could be charged with evading arrest. Those charges together, Hegseth stated, could lead to as long as a decade in prison.
How are critics responding?
Groups like the American Civil Liberties Union (ACLU) and Amnesty International are opposed to the newly created military zone, saying troops should not be used to arrest people for regular misdemeanor offenses, and warns that these actions raise the potential that a U.S. citizen could face charges if caught trespassing in the newly established buffer zone.
Rebecca Sheff, a lawyer with the ACLU, told Al-Jazeera, “We don’t want militarized zones where border residents — including U.S. citizens — face potential prosecution for being in the wrong place.” Sheff also said the “New Mexico National Defense Area … represents a dangerous erosion of the constitutional principle that the military should not be policing civilians.”
Beyond those concerns, the ACLU maintains that the U.S. has legal obligations under both domestic and international law to respect the inalienable rights of migrants, refugees and asylum-seekers.
What actions have past administrations taken?
Previous presidential administrations have also tried to limit the flow of asylum seekers by ordering migrants seeking refuge to only do so at official U.S. ports of entry. Past administrations have also warned of enhanced punishments as one of the tools at their disposal to limit illegal entries into the United States.
What is happening at the border?
The military zone allows the Trump administration to detain immigrants illegally in the U.S. without employing the Insurrection Act of 1807, which allows the president to deploy the U.S. military in the event of civil unrest. The last time the act was used came during the 1992 Los Angeles riots.
