Surge in Military Trespassing Charges Follows Border Defense Zone Designations

Federal prosecutors have dramatically increased the use of obscure military trespassing statutes against migrants following the Trump administration’s decision to designate large sections of the southern border as national defense areas. This policy shift, implemented in early 2025, effectively places these regions under military authority, allowing troops to play an active role in detaining undocumented individuals. Since the move, more trespassing cases have been filed than in the previous decade combined, with at least 4,700 migrants facing these specific charges since April of last year.

The legal strategy relies on a 1909 law originally intended to protect military installations from espionage. However, the application of this statute has faced significant scrutiny, as many migrants remain unaware that the land they are traversing is under military jurisdiction. Legal experts and court rulings suggest that proving criminal intent is difficult when individuals have no notice of the land's status, especially given that many migrants cannot read or navigate the sparse signage. Despite these challenges, data indicates that 60% of resolved cases have resulted in dropped or dismissed charges. While the Justice Department maintains that these prosecutions serve as a necessary deterrent against illegal crossings and cartel activity, the persistent filing of these charges continues to strain the judicial system and keep individuals in custody for extended periods.