The Trump administration has begun a new phase in its immigration policy by criminally prosecuting, for the first time, migrants accused of violating a newly expanded military zone on the southern border of the United States. At least 28 people have been formally charged with trespassing on the so-called “National Defense Area”, a 60-foot strip of land that stretches across the bottom of New Mexico that has come to be treated as part of a U.S. military installation. According to the Washington Post, in addition to the usual charge of illegal entry into the country, the migrants now face a new charge for violating military security regulations, which can double the penalties: up to one year in prison and fines of up to $100,000, in contrast to the six months and $5,000 provided for illegal entry.

The initiative comes amid the reinforcement of the military presence on the border, with thousands of soldiers and armored vehicles sent under the justification of controlling irregular crossings and drug trafficking, even though most of these substances enter through legal ports. Defense Secretary Pete Hegseth was in the region and warned that migrants who cross the militarized area will face multiple charges, up to 10 years in prison. According to him, posters in English and Spanish were installed to warn about the risks of crossing the restricted zone.

The move sparked criticism from civil rights organizations. The American Civil Liberties Union of New Mexico called the militarization of the border a threat to the constitutional principle that prohibits the use of the military in the application of civil law. Attorney Rebecca Sheff warned that the expansion of the military role creates a hostile environment for local communities, comparing the strategy to Texas' controversial border security program, according to the report.

Public defense lawyers have also questioned the new charges, saying they only increase pressure on already vulnerable migrants, with no real impact on preventing crossings.

The border offensive is part of President Trump's plan to promote mass deportations, promising to remove at least one million immigrants in the first year of his new term. Experts, however, assess that the goal is unlikely to be achieved, in a context of a drop in the number of apprehensions at the border since Trump's inauguration. The militarization of the border has also raised concerns about troop safety, following the deaths of two soldiers in a recent accident in New Mexico during a reconnaissance mission.

Meanwhile, Trump is expanding his strategy by sending more military resources and the possibility of expanding detention centers, including at the Guantanamo Bay base in Cuba. The intensification of actions, although popular among part of his political base, has intensified the debate about the limits between national security and civil rights in the United States.