Justice Department expands military's power to detain migrants near border
Summary
The Justice Department has issued a legal opinion that allows the U.S. military to detain migrants who trespass in areas near the southern border called National Defense Areas. These areas are controlled by the Department of Defense and part of President Trump's efforts to reduce illegal immigration.Key Facts
- The Justice Department's Office of Legal Counsel gave the military broader powers to arrest migrants in National Defense Areas near the U.S.-Mexico border.
- National Defense Areas are large zones declared by the Trump administration to stop illegal border crossings.
- The Posse Comitatus Act usually stops the military from enforcing laws on U.S. soil, but exceptions are allowed in these zones.
- The military can arrest migrants outside these zones if they try to leave before enforcement officials arrive.
- Six National Defense Areas exist in Arizona, California, New Mexico, and Texas, with more planned.
- Since April 2025, hundreds of migrants have been charged with trespassing in these military zones.
- The military started a major deployment to the border early in President Trump's second term with over 20,000 service members participating.
- Illegal border crossings have dropped significantly, with fewer than 240,000 apprehensions in fiscal year 2025 and just 81,000 so far in fiscal year 2026.
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