WASHINGTON (AP) — President Donald Trump is transferring a portion of federal land along the U.S.-Mexico border to the Department of Defense, where it will be controlled by the Army as part of a base. This move would enable troops to detain any trespassers, including migrants, as reported by U.S. officials to The Associated Press.
The transfer of this border zone to military control, integrating it as part of an Army installation, is an attempt by the Trump administration to circumvent a federal law that restricts the use of U.S. troops in domestic law enforcement on American soil. By providing security for land that is part of an Army base, troops could fulfill that function. However, legal experts anticipate that this action could face challenges in the courts.
The Pentagon is still reviewing the issue, but the administration intends for troops to detain migrants at the border. This land transfer represents the furthest extent that the Trump administration has utilized the military for border security. Previously, the military’s involvement had been mainly focused on assisting in the construction or fortification of sections of the border wall, operating deportation flights, and providing support to U.S. Customs and Border Protection agents.
The specific area affected is the Roosevelt Reservation, a 60-foot-wide federal buffer zone running from New Mexico to California. It had been overseen by the Interior Department until Trump directed control to be transferred to the Defense Department in a recent presidential memo. The Defense Department will initially test control over a section of the Roosevelt Reservation in New Mexico for 45 days, during which additional fencing and warning signs will be installed to deter trespassing.
Individuals not authorized to be in the area could face arrest by the Army’s security forces. Migrants detained on these lands would be handed over to local civilian law enforcement agencies. The potential deployment of additional forces to the border due to this added land remains unclear.
The use of troops for civilian law enforcement on U.S. soil is restricted by the Posse Comitatus Act, with limited exceptions under the military purpose doctrine. However, legal experts believe that this exception may not apply in this case and could be subject to legal challenges. Elizabeth Goitein, a specialist in presidential emergency powers at the Brennan Center for Justice, points out that the primary mission of troops stationed there would likely involve border security and law enforcement, contradicting the purpose of Trump’s order to transfer control of the Roosevelt Reservation to the military.
The military purpose doctrine is applicable only if the law enforcement aspect is considered incidental, according to Goitein. The question is whether this area serves a military purpose unrelated to enforcing customs and security at the border. (Rebecca Santana reported from Washington)
