Justice Department expands military's power to detain migrants accused of trespassing
The opinion lets troops arrest migrants in restricted border zones and transfer them for prosecution, as Border Patrol apprehensions fell to 81,000 in fiscal 2026.
- Friday, the Justice Department issued a legal opinion granting U.S. military personnel broader powers to detain migrants accused of trespassing near designated National Defense Areas at the U.S.-Mexico border as part of President Trump's immigration crackdown.
- President Trump's administration designated large swaths of land near the border as National Defense Areas, which the Defense Department controls to deter illegal immigration; these zones are closed to civilians and marked with warning signs in English and Spanish.
- Deputy Assistant Attorney General William Hyde stated in Friday's opinion that using military personnel to arrest trespassers near an NDA does not violate the Posse Comitatus Act, citing "express statutory authorization and the military-purpose of a commander's traditional protective power."
- Since the mission began, more than 20,000 service members have deployed to the border, where the administration has established six NDAs across Arizona, California, New Mexico, and Texas; this crackdown coincides with a significant decline in migrant apprehensions.
- While the Justice Department's Office of Legal Counsel opinion is advisory, the military has suggested it may designate additional zones; U.S. Northern Command maintains that service members can apprehend trespassers and transfer them to appropriate law enforcement authorities.
13 Articles
13 Articles
US Troops Can Make Arrests in Militarized Border Zones, DOJ Says
U.S. troops deployed at designated border defense zones should have the authority to make arrests, according to an advisory opinion authored by the Department of Justice’s Office of Legal Counsel and published on Aug. 14. Though a U.S. law known as the Posse Comitatus Act generally prohibits federal U.S. troops from engaging in domestic law enforcement activities, President Donald Trump has increasingly called on the military to help secure the …
Border Twist: Trespass Charges Explode
The Justice Department’s new opinion lets U.S. troops detain migrants as “trespassers” near military zones along the southern border, edging military power deeper into civilian enforcement. Story Snapshot Justice Department lawyers said military personnel can detain suspected trespassers just outside National Defense Areas. Federal judges earlier threw out many similar trespass cases for lack of...
A new ruling allows soldiers to arrest persons accused of unauthorized entry into military border areas
Justice Dept. says U.S. troops can arrest illegal immigrants beyond military property near border
The Justice Department has issued a new opinion deciding that military personnel can arrest some illegal immigrants without running afoul of the Posse Comitatus Act.
DOJ Expands Military Power to Detain Migrants Accused of Trespassing
Internewscast Journal Internewscast The Justice Department issued a legal opinion Friday expanding the U.S. military’s… This Post: DOJ Expands Military Power to Detain Migrants Accused of Trespassing first appeared on Internewscast Journal
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