In a significant escalation of border security measures, the United States has initiated its first criminal prosecutions against migrants and asylum seekers accused of illegally crossing into a newly designated military zone along its border with Mexico. Court filings submitted on Monday and subsequently reported by U.S. media indicate that approximately 28 individuals have been charged with violations of security regulations for entering the newly established military area.

This charge, while classified as a misdemeanor, carries the potential for severe penalties. Under U.S. Code, violations of these security regulations could result in hefty fines of up to $100,000 for individuals, or a year-long prison sentence, or both. This marks a notable shift from the typically less severe consequences associated with unlawful entry into the U.S.

The legal actions stem from the recent establishment of the New Mexico National Defence Area on April 18, which significantly alters the landscape of border enforcement. The U.S. Department of Defense has expanded the Fort Huachuca Army installation, incorporating an additional 109,651 acres (approximately 44,400 hectares) of federal land previously under the jurisdiction of the Department of the Interior. This transfer, effective for three years, transforms a stretch of border land adjacent to Mexico into a military zone, where the act of trespassing is treated with serious legal repercussions.

Notably, this military zone overlaps with routes traditionally used by migrants and asylum seekers attempting to enter the U.S. without formal documentation. Over the years, various presidential administrations have worked to restrict asylum applicants from crossing the border outside designated points of entry, despite U.S. and international laws that safeguard the rights of individuals fleeing persecution. The government has employed the threat of increased penalties as a deterrent to curtail irregular crossings.

During a recent visit to the newly established military zone, Secretary of Defense Pete Hegseth referred to the area as a critical line of defense against what he described as an invasion of migrants and asylum seekers. Hegseth emphasized, This is Department of Defense property. The National Defense Area, formerly known as the Fort Huachuca annex zone, is federal property. Any illegal attempting to enter that zone is entering a military base a federal, protected area. He warned that individuals crossing into this territory could be detained and temporarily held before being handed over to Customs and Border Protection.

Since the beginning of the year, the Trump administration has significantly increased the number of U.S. troops stationed along the southern border, which now totals around 11,900 soldiers. During his visit, Hegseth also indicated plans to expand military zones at additional locations along the border, aimed at creating further layers of defense against irregular migration. He highlighted the complexities of criminal prosecutions and the potential for lengthy imprisonment for those who violate these regulations.

If you are an illegal crossing, you will be monitored. You will be detained by U.S. troops. You will be detained temporarily and handed over to Customs and Border Protection, he stated. Hegseth added, If you have cut through a fence or jumped over a fence, thats destruction of government property. If you have attempted to evade, thats evading law enforcement, just like you would on any other military base. You add up the charges of what you can be charged with misdemeanors and felonies you could be looking at up to 10 years in prison when prosecuted. He further mentioned that New Mexicos attorney general was eager to prosecute the first individuals caught crossing through the military zone.

However, opposition to these measures is mounting. Organizations such as the American Civil Liberties Union (ACLU) of New Mexico have expressed serious concerns over the potential human rights implications arising from the military's involvement in civilian law enforcement. Rebecca Sheff, a senior staff lawyer for the ACLU of New Mexico, remarked, The expansion of military detention powers in the New Mexico National Defence Area also referred to as the border buffer zone represents a dangerous erosion of the constitutional principle that the military should not be policing civilians. Sheff cautioned that the militarization of these zones could have unintended consequences, warning, We dont want militarized zones where border residents including U.S. citizens face potential prosecution simply for being in the wrong place.