US Makes First Prosecutions of Illegal Immigrants for Entering Military Zone at Border

Secretary of Defense Pete Hegseth has warned that any illegal immigrant attempting to enter that zone ‘is entering a military base.’

A U.S. Border Patrol agent patrols Sunland Park along the U.S.–Mexico border next to Ciudad Juarez in New Mexico on Jan. 4, 2016. Russell Contreras/AP Photo

The United States has begun prosecuting illegal immigrants for allegedly crossing into a restricted military zone along the U.S.–Mexico border, according to court filings filed on April 28.

Some 28 illegal immigrants have been charged with illegal entry and “violations of security regulations” for entering a “restricted and controlled” New Mexico national defense area, according to the court filings.

The newly created military zone includes the Roosevelt Reservation, a 60-foot-wide corridor owned by the federal government running along the border in California, Arizona, and New Mexico.

The Interior Department transferred control of nearly 110,000 acres of federal land along the border to the Army on April 15, granting the military control of the border zone for three years.

Secretary of Defense Pete Hegseth warned last week that any unauthorized attempt to enter the national defense area, formerly known as the Fort Huachuca annex zone, would lead to an arrest.

“Any illegal attempting to enter that zone is entering a military base—a federal, protected area,” he said in a video message on April 25 during his visit to the area. “You will be detained. You will be interdicted by U.S. troops and Border Patrol working together.”

Hegseth said that this marked only the first phase, as the Defense Department plans to expand military zones along the U.S. border to further strengthen border security.

“If you have attempted to evade, that’s evading law enforcement, just like you would any other military base. You add up the charges of what you can be charged with misdemeanors and felonies, you can be looking at up to 10 years in prison when prosecuted,” he added.

Customs and Border Protection maintains jurisdiction over illegal border crossings in the area and troops will hand over illegal immigrants they detain to Border Patrol agents, according to the Defense Department.

The American Civil Liberties Union (ACLU) of New Mexico has voiced concerns over the creation of a militarized buffer zone, calling it a “dangerous erosion of the constitutional principle.”

“We don’t want militarized zones where border residents—including U.S. citizens—face potential prosecution simply for being in the wrong place. This isn’t how we want to be in relation with our neighbors,” Rebecca Sheff, senior staff attorney for the group, said in an April 22 statement.

The Epoch Times has reached out to the Defense Department for comment on the ACLU’s concerns but did not receive a response by publication time.

President Donald Trump issued a memorandum on April 11 authorizing the military to take control of the land to curb illegal immigration and drug trafficking. He declared a national emergency at the southern border after taking office on Jan. 20, directing the deployment of armed forces to assist with border security efforts.

Under the declaration, Hegseth and Homeland Security Secretary Kristi Noem were ordered to take “all appropriate action” to construct more physical barriers along the U.S.–Mexico border.

“Our southern border is under attack from a variety of threats,” Trump wrote in the April 11 memo. “The complexity of the current situation requires that our military take a more direct role in securing our southern border than in the recent past.”

Reuters contributed to this report.