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Executive Order 14167, issued in early 2025, represents an unprecedented expansion of military authority into the domain of immigration enforcement. By formally designating large sections of the U.S.–Mexico border as “National Defense Areas,” the order authorizes the deployment of active-duty military personnel for the detention of noncitizens suspected of unlawful entry, trespass, or related offenses.
This approach challenges longstanding legal norms that strictly separate civilian immigration enforcement from military operations. As of July 2025, these zones are active, enforcement has begun, and legal advocates are sounding the alarm over the erosion of constitutional protections.
What this Executive Order Authorizes
Under EO 14167, the Department of Defense, in coordination with the Department of Homeland Security, has designated roughly one-third of the U.S.–Mexico border as National Defense Areas. Within these zones, U.S. military forces may:
- Detain noncitizens encountered on federal land deemed critical to border security
- Hold individuals suspected of trespassing or interfering with border infrastructure
- Refer individuals to federal courts for criminal prosecution, including trespass and obstruction
The order explicitly states that these measures are necessary to “preserve national sovereignty,” and that ordinary civilian processing may be bypassed when military authorities are first on the scene.
Legal and Constitutional Implications
EO 14167 raises significant constitutional questions, particularly under the Posse Comitatus Act, which prohibits the use of federal military personnel for domestic law enforcement purposes without explicit Congressional authorization.
The administration has defended the policy by arguing that it is not using the military to enforce immigration law per se, but rather to protect federal facilities and territory. Critics argue this is a distinction without a difference, as the military is now involved in the apprehension and transfer of civilians into federal criminal custody.
Further legal complications arise from the lack of access to counsel for many individuals detained in these zones. In some reported cases, migrants have been held for up to 72 hours by military personnel before being turned over to CBP, and without notification to family members or legal representatives.
On-the-Ground Impact
Military detention under EO 14167 is already producing a chilling effect on migration and civil liberties:
- Migrants arrested near El Paso, Laredo, and Yuma report being stopped by uniformed military personnel and held in temporary outdoor holding areas
- Dozens of individuals have been charged with federal trespass offenses and are now serving criminal sentences of up to 18 months before facing deportation proceedings
- Immigrant communities near these defense zones fear military patrols, checkpoints, and surveillance
There have also been reports of military involvement in ICE operations in domestic cities such as Los Angeles, where the National Guard has been deployed in coordination with local raids. This raises concerns about whether EO 14167’s authority is being expanded beyond the border, either directly or by interpretation.
How Spar & Bernstein Is Responding
Spar & Bernstein attorneys are actively challenging EO 14167 in both criminal and civil courts. Our efforts include:
- Filing habeas corpus petitions for migrants unlawfully detained by military personnel
- Representing clients charged with criminal trespass under circumstances that violate their immigration or humanitarian rights
- Submitting Freedom of Information Act (FOIA) requests to uncover the rules of engagement and detention protocols being used by military personnel
- Supporting impact litigation with civil rights partners to challenge the constitutionality of military enforcement
We are also advising community organizations and municipal governments on how to prepare legal responses to any attempted expansion of military jurisdiction into interior enforcement settings.
Guidance for Migrants and Legal Advocates
If you or someone you know is living near a militarized border zone or may be traveling near these areas, the following actions are recommended:
- Avoid unauthorized travel through federal lands designated as National Defense Areas
- Carry identification and legal documentation at all times to avoid criminal charges based on mistaken identity
- Know your rights in case of military detention: you still have the right to remain silent and request legal counsel
- Contact an attorney immediately if detained by any non-CBP or non-ICE personnel
Because the military is not trained in immigration law or civil procedure, many detentions may be legally flawed and subject to challenge.
EO 14167 marks a significant departure from long-held boundaries between immigration policy and military power. While the administration frames the order as a security measure, its legal and human rights consequences are far-reaching and deeply concerning.
Spar & Bernstein is closely monitoring enforcement developments, advising clients, and preparing to challenge improper military involvement in immigration cases. The law is clear: immigration enforcement is a civilian responsibility, and due process protections must apply to all individuals, regardless of their status or location.
If you believe your rights have been violated under EO 14167, or if you need legal help navigating military encounters related to immigration, we are here to support you.