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Military Detention Zones Now Active at the Border
In a sweeping expansion of executive authority, former President Donald Trump has authorized the use of US military forces to detain civilians within newly designated National Defense Areas along the southern border. These military zones, stretching across 260 miles of territory, are part of a legal strategy to classify unauthorized migration as a national security threat. According to a June 8 report from USA Today, this development redefines the structure of border enforcement and could have deep legal consequences. Source: USA Today
Earlier this month, three migrants were detained by active duty troops in Santa Teresa New Mexico. This was the first time military personnel were used in a direct detention role during border operations. While these individuals were eventually transferred to federal immigration authorities, the precedent raises serious questions about the scope of military involvement in civil law enforcement.
Wartime Powers Invoked Through “Invasion” Designation
The legal justification for these actions relies on wartime authorities—specifically the Alien Enemies Act of 1798. Trump has repeatedly described increased border crossings as an “invasion,” using this terminology in at least a dozen formal orders since the start of the year. This language allows the administration to activate laws designed for use during times of war or threat from foreign enemies.
These National Defense Areas allow military personnel to detain civilians, conduct searches, and manage populations without triggering the Insurrection Act. Nearly 400 crossings have already been detected inside these zones, and enforcement operations continue to expand.
Constitutional and Legal Challenges Already Underway
Federal courts in Texas and New Mexico have already begun to question the legality of these zones. Several trespassing charges against migrants have been dismissed, with judges arguing that individuals may not have knowingly entered restricted military space. These early rulings indicate that legal challenges will be a central part of the future of these enforcement efforts.
Legal scholars are also raising concerns that treating migrants—many of whom are asylum seekers—as wartime threats stretches the law beyond its intended purpose. While a recent court ruling upheld deportation using the Alien Enemies Act for a Venezuelan national with alleged gang affiliations, broader use of this power remains highly controversial.
What This Means for Immigration Law and Migrant Rights
The use of military forces in immigration detention introduces new risks for migrants and complicates the legal environment. These zones do not operate under the same legal protections typically available in civil immigration proceedings. As a result, constitutional protections such as due process and habeas corpus may be restricted or bypassed.
At Spar and Bernstein, we are closely tracking these developments and are prepared to mount aggressive legal defenses on behalf of anyone impacted. Our immigration attorneys are highly experienced in confronting unlawful detention, protecting the rights of asylum seekers, and challenging government overreach in federal courts.
Take Action Now with Legal Support from Spar and Bernstein
If you or a family member has been affected by recent border enforcement under these new military powers, it is critical to seek legal counsel immediately. These policies are untested and legally complex, and early intervention by skilled attorneys can make the difference in protecting your rights and your future in the United States.
At Spar and Bernstein, we are committed to ensuring that every individual, regardless of status, receives the legal representation they deserve. Contact us today to schedule a confidential consultation and take the first step in defending your legal rights in this rapidly changing immigration environment.