US Starts Prosecuting Migrants for Entering 'Military Zone' Near Border

The United States has initiated its first criminal prosecutions against migrants and asylum seekers accused of unlawfully entering a newly designated military zone near the country’s border with Mexico. Court filings submitted on Monday and reviewed by U.S. media the next day reveal that about 28 individuals have been charged with “violations of security regulations” for breaching the military zone. Although this charge is a misdemeanor, it carries significant penalties under U.S. law—up to $100,000 in fines, a year in prison, or both.

Typically, unauthorized entry into the U.S. carries less severe consequences. However, under President Donald Trump’s administration, immigration enforcement has intensified, prompting warnings from critics about the increasing militarization of the southern border with Mexico. This shift is underscored by the establishment of the “New Mexico National Defence Area” on April 18. The Department of Defense expanded Fort Huachuca, an Army installation, by adding 109,651 acres of federal land previously overseen by the Department of the Interior. This land transfer, valid for three years, effectively transforms a border strip into a military zone with serious consequences for trespassers.

Notably, the new military zone overlaps with irregular migration routes commonly used by migrants and asylum seekers attempting to enter the U.S. without proper documentation. Although international and U.S. laws protect the right to seek asylum, multiple administrations have worked to limit such crossings to official ports of entry. As part of the Trump administration’s broader deterrence strategy, the new penalties are intended to discourage irregular migration.

U.S. Secretary of Defense Pete Hegseth recently visited the military zone, promoting it as a critical line of defense against what he described as an “invasion” of migrants. He emphasized that the area is now federal property under military jurisdiction. “Any illegal attempting to enter that zone is entering a military base—a federal, protected area,” he declared. Hegseth warned that migrants would be detained and interdicted by both U.S. troops and border patrol agents. Since January, the number of U.S. soldiers deployed at the border has surged to approximately 11,900.

Hegseth also disclosed plans to expand the military zones along other sections of the border. He highlighted the legal consequences for crossing into these areas, including potential charges such as destruction of government property and evasion of law enforcement. According to him, combining misdemeanor and felony charges could result in sentences of up to 10 years in prison. He added that the attorney general of New Mexico is eager to prosecute the first group of migrants caught in the newly designated zone.

Civil liberties organizations, including the American Civil Liberties Union (ACLU) of New Mexico, have criticized this approach. Rebecca Sheff, a senior staff attorney at ACLU, expressed concern about the implications for civilian rights and the principle of separating military authority from civilian law enforcement. She warned that the creation of militarized zones could inadvertently put U.S. citizens and border residents at risk of prosecution simply for being in these areas. The move, critics argue, represents a troubling shift toward using military power to enforce civilian immigration laws.