Federal prosecutors try new border tactics
Federal prosecutors are testing novel legal strategies in border cases — from asserting jurisdiction over incidents on military‑designated land to tighter interagency coordination — reshaping how border enforcement cases are constructed. Those shifts could create fresh procedural and jurisdictional issues for removal defense and border criminal cases. (govexec.com)
U.S. Attorney Ryan Ellison announced the filing of 82 Title 50 misdemeanor charges for “unauthorized entry” into the newly designated New Mexico National Defense Area on May 1, 2025. (justice.gov) A presidential memorandum dated April 11, 2025 directed the Secretary of Defense to accept jurisdiction over the Roosevelt Reservation and to enable designation of National Defense Areas along the southern border. (govinfo.gov) U.S. Magistrate Miguel Torres in El Paso dismissed a set of military‑trespass misdemeanor charges in May 2025 for lack of probable cause after a probable‑cause hearing. (ktsm.com) U.S. Chief Magistrate Judge Gregory Wormuth in Las Cruces subsequently dismissed trespassing charges against 98 people tied to the New Mexico defense zone. (fd.org) Defense Secretary Pete Hegseth and U.S. Border Patrol Chief Michael Banks toured the New Mexico National Defense Area during a May 1, 2025 field visit that immediately preceded local DOJ charging announcements. (war.gov) The Southern District of California filed 79 border‑related cases in a single week in 2025, and prosecutors in Texas reported filing 318 new immigration‑related criminal charges between January 9–15, 2026 as part of recent enforcement pushes. (justice.gov) Magistrate opinions have emphasized the absence of conspicuous signage and disputed whether defendants had notice inside the 60‑foot Roosevelt Reservation corridor, and prosecutors withdrew three military‑trespass charges after determining arrests occurred outside the designated area. (tucsonsentinel.com) Sen. Martin Heinrich sent a letter to Defense Secretary Hegseth requesting information on operations, arrests, and the transfer of jurisdiction for New Mexico’s National Defense Area, prompting additional congressional oversight questions. (tricityrecordnm.com)
