New Developments in US Border Controls: Criminal Charges Against Migrants Crossing into Military Zone
The United States has recently initiated its first criminal prosecutions against individuals who are seeking asylum or crossing into a newly established military zone along the US-Mexico border. According to court documents submitted on Monday and examined by US media on the subsequent day, around 28 individuals have been charged with “violations of security regulations” for trespassing into the military zone.
While this charge is classified as a misdemeanor, it carries the possibility of increased penalties. The US Code specifies that such violations may result in fines of up to $100,000 for individuals or up to one year in prison, or both. Typically, the consequences for unauthorized entry into the US are less severe; however, under the Trump administration’s heightened efforts to curb immigration, critics are voicing concerns over the growing militarization of the southern border area near Mexico.
The new charges were made feasible by the creation of the “New Mexico National Defence Area” on April 18. To establish this zone, the Department of Defense ordered the expansion of an Army installation called Fort Huachuca to include 109,651 acres (44,400 hectares) of federal land transferred from the Department of the Interior. This move has effectively turned a strip of border land adjacent to Mexico into a US military zone where trespassing now carries significant consequences. This zone notably overlaps with the routes commonly taken by migrants and asylum seekers attempting to enter the US without official documentation.
Successive presidential administrations have aimed to limit asylum applicants from entering the US outside of designated ports of entry, despite US and international laws protecting the right to flee persecution. The threat of enhanced penalties has served as a deterrent in this context.
Last week, Secretary of Defense Pete Hegseth visited the newly established military zone and emphasized that this area serves as a new line of defense against what he described as an “invasion” of migrants and asylum seekers. He warned that individuals attempting to enter the zone could face detention by US troops and border patrol working in tandem.
Since January, the Trump administration has increased the number of US troops stationed at the border, with an estimated 11,900 soldiers currently deployed. Hegseth has announced plans to expand military zones at other sites along the US border to further bolster defenses against irregular migration. He has highlighted the risks of facing complex criminal prosecutions and potentially lengthy prison sentences for individuals attempting unauthorized crossings.
Opposition groups, including the American Civil Liberties Union of New Mexico, have raised concerns over the deployment of the military to address civilian offenses. They argue that such actions risk undermining constitutional principles and could lead to unintended consequences for border residents, including US citizens, who might inadvertently find themselves in these militarized zones.
Source: https://www.aljazeera.com/news/2025/4/30/us-begins-prosecuting-migrants-for-breaching-military-zone-near-border?traffic_source=rss
