Trump admin takes consequential step as military gets broader power to detain border intruders

After returning for a second term, President Donald Trump designated the US-Mexico border as 'National Defense Areas' to curb illegal immigration
The Trump administration gave the military more power to detain migrants accused of trespassing on Defense Department-controlled areas (Getty images)
The Trump administration gave the military more power to detain migrants accused of trespassing on Defense Department-controlled areas (Getty images)

WASHINGTON, DC: The Trump administration on Friday, August 14, handed the military additional power to detain migrants accused of trespassing in areas that the Department of Defense controls as crackdown efforts on the southern border have recently intensified.

The legal opinion was released by the Justice Department's Office of Legal Counsel and concerns large swaths of land near the US-Mexico border.

After returning to the Oval Office for a second term, Trump designated the US-Mexico border area as "National Defense Areas" as part of the crackdown on illegal immigrants entering the US territory from this route.

CIUDAD JUAREZ, MEXICO - MARCH 17: Undocumented immigrants walk along the U.S.-Mexico border wall aft
Undocumented immigrants walk along the US-Mexico border wall after they ran across the shallow Rio Grande into El Paso on March 17, 2021, in Ciudad Juarez, Mexico (John Moore/Getty Images)

As per the Posse Comitatus Act, the military is prohibited from enforcing laws on domestic soil, but the zones have allowed soldiers to detain migrants accused of entering the national defense areas, which are closed to civilians.  

As per the new arrangement, the Justice Department would be able to prosecute those arrested in the zones for trespassing.

Justice Department explains how the new arrangement works



The Justice Department said military personnel can arrest people who leave the national defense areas before they can be caught and charged with trespassing.

"In sum, we conclude that the use of military personnel to arrest trespassers just outside of an NDA would not violate the [Posse Comitatus Act], given the express statutory authorization and the military-purpose of a commander's traditional protective power," Deputy Assistant Attorney General William Hyde said in his opinion.

Six national defense areas have been set up along the southern border by the Trump administration so far. These are in Arizona, California, New Mexico, and Texas. According to Friday's opinion, the military may designate additional zones in the future.

U.S. President Donald Trump walks to Air Force One at Morristown Airport on September 14, 2025 in Morristown, New Jersey. Trump is returning to Washington, DC after a trip to New York and his golf club in Bedminster, New Jersey. (Photo by Kevin Dietsch/Getty Images)
President Donald Trump walks to Air Force One at Morristown Airport on September 14, 2025, in Morristown, New Jersey (Kevin Dietsch/Getty Images)

The Justice Department began charging people arrested in April 2025 and has charged hundreds more since then.

Most face misdemeanor charges for violating military security rules or entering military, naval, or Coast Guard property. They can also face separate charges related to crossing the border.

US-Mexico border remains Trump admin's top mission

MATAMOROS, MEXICO - FEBRUARY 23: Mexican deportees walk across the U.S.-Mexico border bridge while b
Mexican deportees walk across the US-Mexico border bridge while being released by US immigration authorities into Mexico on February 23, 2021, in Matamoros, Mexico (John Moore/Getty Images)

The US-Mexico border has been the first priority since Trump assumed power for his second term, as the department had announced plans to ramp up US forces there.

Notably, the legal opinion by the Office of Legal Counsel is advisory only and does not set any legal precedent.

CIUDAD JUAREZ, MEXICO - DECEMBER 20: A U.S. Border Patrol agent speaks to immigrants blocked from entering a high-traffic illegal border crossing area along Rio Grande in El Paso, Texas on December 20, 2022 as viewed from Ciudad Juarez, Mexico. Texas Governor Greg Abbott ordered 400 Texas National Guard troops and state police to the U.S.-Mexico border in El Paso, which is under a state of emergency due to a surge of migrants crossing from Mexico into the city. Border officials expect an even larger migrant surge at the border if the pandemic era Title 42 regulation is lifted. (Photo by John Moore/Getty Images)
A US Border Patrol agent speaks to immigrants blocked from entering a high-traffic illegal border crossing area along Rio Grande in El Paso, Texas, on December 20, 2022, as viewed from Ciudad Juarez, Mexico (John Moore/Getty Images)

In addition to enlisting the military's help at the southern border, the Trump administration has virtually closed the asylum system for those entering the US illegally. The crackdown has resulted in a sharp reduction in illegal crossings.

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