Justice Department expands military's power to detain migrants accused of trespassing

Key Points:

• The Justice Department issued a legal opinion expanding U.S. military authority to detain migrants accused of trespassing in "National Defense Areas" near the southern border, designated by the Trump administration to deter illegal immigration.
• The opinion allows military personnel to arrest individuals who leave these restricted zones before law enforcement can apprehend them, citing an exception to the Posse Comitatus Act based on military protective powers.
• Six national defense areas have been established along the border in Arizona, California, New Mexico, and Texas, with possible future expansions; these zones are marked with bilingual warning signs to restrict civilian access.
• Since April 2025, hundreds of migrants apprehended in these zones have been charged with misdemeanors related to trespassing on military property, alongside other potential border-related offenses.
• The military's southern border task force currently includes 8,000 service members, who have made 161 detentions in these areas, as part of a broader Trump administration crackdown that has also restricted asylum access and contributed to a significant decline in illegal border crossings.