Press Article: New Charges for Immigrants in New Mexico Following Military Oversight Changes
SANTA FE, N.M. (AP) — Recent developments in southern New Mexico have introduced a novel legal challenge for detained immigrants, who now face charges of breaching a national defense area. This follows the U.S. Army’s new oversight of a 170-mile stretch along the southern U.S. border, in coordination with immigration authorities.
U.S. Attorney Ryan Ellison has signed charges against at least six immigrants for unauthorized entry into this military-designated zone, treated as an extension of Fort Huachuca in Arizona. Federal prosecutors’ decision comes as military deployments increase to this area, aimed at enhancing enforcement while navigating restrictions under the Posse Comitatus Act, which generally prohibits military involvement in domestic law enforcement.
During a recent visit to the border, Defense Secretary Pete Hegseth emphasized that any individual entering this zone is trespassing on a federal site and warned that U.S. troops along with Border Patrol would take action against intruders. “You will be interdicted by U.S. troops and Border Patrol,” he asserted, highlighting a significant shift in operational approach.
However, civil liberties advocates, such as ACLU attorney Rebecca Sheff, have raised alarms regarding the implications of militarizing the border, asserting that it undermines constitutional protections against military policing of civilians. Additionally, there are concerns it could lead to U.S. citizens near the border facing prosecution under the same terms.
The corridor now controlled by the military includes the Roosevelt Reservation, a federal buffer zone whose management was transferred from the Interior Department to the Defense Department following a presidential memo in mid-April. This transition has brought about increased military presence, aimed at improving surveillance and reinforcing border security measures.
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