WASHINGTON (AP) — President Donald Trump has directed the transfer of a strip of federal land along the U.S.-Mexico border to the Department of Defense, which will be controlled by the Army as part of a base. This move could enable troops to detain individuals crossing the border without authorization, including migrants, according to U.S. officials speaking to The Associated Press.
By transitioning the border area to military jurisdiction and integrating it into an Army installation, the Trump administration aims to bypass a federal law that restricts U.S. troops from engaging in domestic law enforcement on American soil. This deployment of troops for security purposes on land designated as part of an Army base would provide a legal basis for their involvement. However, legal experts anticipate legal challenges to this maneuver.
The Pentagon is currently evaluating the situation, but the administration’s objective is for troops to detain migrants along the border. This land transfer represents the administration’s most significant use of the military for border security to date. Previously, the military’s involvement primarily focused on assisting with construction and reinforcement of the border wall, as well as conducting deportation flights.
The Roosevelt Reservation, a 60-foot-wide federal buffer zone running from New Mexico to California along the border, is being transitioned from the Interior Department to the Defense Department in accordance with Trump’s directive. The Defense Department will initially assume control of a section of the Roosevelt Reservation near Fort Huachuca in Arizona for a trial period of 45 days, during which additional fencing will be erected to deter trespassing.
Individuals found unauthorized in this area may be detained by the Army’s security forces, with any detained migrants being handed over to local law enforcement. It remains unclear whether the military will need to deploy additional forces to the border for this purpose. Despite the limitations imposed by the Posse Comitatus Act, which prohibits troops from conducting civilian law enforcement on U.S. soil, the administration’s move to use the military in this capacity is likely to face legal scrutiny.
The military purpose doctrine is applicable only if the law enforcement aspect is secondary, Goitein explained. “Is there a military objective in this area that is unrelated to border enforcement and security?”—Contributed by Rebecca Santana from Washington.
