One third of the southern border is now covered by military zones, which allow troops to detain migrants attempting to enter the country unlawfully.
The Associated Press detailed that the zones are being patrolled by at least 7,600 armed forces members as the Trump administration ramps up the presence of troops at the border.
The Department of Defense announced the latest expansion last week, setting up two areas in Texas and Arizona. One is in the Cameron and Hidalgo counties and spans 250 miles, being transferred to the military from the International Boundary and Water Commission to the Joint Base San Antonio.
The other one is in western Arizona and officially part of Marine Corps Air Station in Yuma, a U.S. official told ABC News. It stretches for 100 miles.
"Their responsibilities include enhanced detection and monitoring through stationary positions and mobile patrols, temporarily detaining trespassers until they are transferred to the appropriate law enforcement authorities, and supporting the installation of temporary barriers, and signage to secure the area," the Air Force said in a statement.
There will now be four National Defense Areas across the border. Troops have recently 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.
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.
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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