Washington, D.C. – The U.S. Department of Defense has ordered the creation of a third National Defense Area (NDA) along the nation’s southern border, a move aimed at expanding the military’s authority to detain individuals crossing into the United States. Defense Secretary Pete Hegseth announced the establishment of the new zone on Wednesday, June 25, detailing an order he had signed the previous week on June 18.
The newly designated NDA encompasses approximately 250 miles (402 km) of the Rio Grande River, focusing specifically on areas within Texas’ Cameron and Hidalgo Counties. This strategic placement is intended to directly address segments of the border experiencing high rates of unauthorized crossings.
Strategic Implementation of Border Zones
The order grants military personnel operating within this defined area the temporary authority to detain individuals suspected of trespassing and facilitate their transfer to appropriate law enforcement agencies. This power is a critical component of the administration’s broader strategy to leverage military assets in securing the border without triggering specific legal constraints.
The establishment of this third NDA follows a similar recent action involving a new military zone administered as part of Marine Corps Air Station in Yuma, Arizona. Both initiatives, according to officials, are designed to empower troops to detain migrants temporarily without the necessity of invoking the 1807 Insurrection Act, a statute typically required for the military to enforce domestic laws.
These actions align with President Donald Trump’s memorandum issued on April 11, which directed the U.S. military to take steps towards sealing the southern border. The three National Defense Areas now in place represent a tangible execution of this directive, creating geographically defined zones where military presence and specific legal authorities are concentrated.
Legal Landscape and Mixed Outcomes
While intended as a legal deterrent, the effectiveness of these military zones in securing convictions has presented a mixed picture in the courts. Federal magistrate judges in both New Mexico and Texas have dismissed trespassing charges against dozens of migrants apprehended within these areas.
The grounds for these dismissals have frequently cited the defense’s argument that the individuals did not know they were entering a restricted military zone. This highlights a potential challenge in enforcing the NDA boundaries and ensuring adequate public notification in border regions that are often remote and traversable.
However, the strategy has also yielded successes for prosecutors. According to information released by the US Attorneys’ Offices in the relevant states, some 120 migrants pleaded guilty to trespassing charges stemming from apprehensions in the first Texas zone in May. This indicates that while some cases face dismissal, others result in admissions of guilt.
Furthermore, federal prosecutors recently secured their first two trespassing convictions specifically for incidents occurring within the New Mexico zone. These convictions, obtained on June 18 – the same day the order for the third Texas NDA was signed – suggest that legal strategies are evolving and finding purchase in certain cases.
Ongoing Military Presence
The expansion of these military zones underscores the significant role the U.S. military is currently playing at the southern border. Approximately 11,900 troops are presently deployed in the region, undertaking various support missions, including engineering, logistics, and surveillance, in addition to the roles within the NDAs.
The creation of the third National Defense Area along the Rio Grande in Texas signifies a deepening commitment to using military frameworks to manage unauthorized border crossings. As legal challenges and enforcement efforts continue to unfold, the impact and efficacy of these designated zones will remain a key focus of the national conversation surrounding border security.
