Crossing border through National Defense Area can land illegal immigrants 10 years in prison—over 100 already charged

Defense Secretary Pete Hegseth has announced that foreign nationals who illegally enter newly designated US National Defense Areas along the southern border could face up to 10 years in prison. Over 100 illegal immigrants have already been charged with those crimes, the defense secretary also announced.

The National Defense Area designation, first applied to a 170-mile stretch of federal land along the southern border, allows military personnel to operate with expanded authority. Though the Posse Comitatus Act restricts the military from engaging in domestic law enforcement, this designation permits service members to temporarily detain individuals who trespass, similar to how they would detain trespassers on military bases.

Hegseth, who visited the area in New Mexico last month, said more than 2,000 troops are now patrolling the area and over 1,300 warning signs have been posted. In a video address, he stated that illegal aliens caught entering the restricted area could be prosecuted with charges carrying sentences totaling up to 10 years.

“So far, the DOJ has already charged more than 100 illegal aliens with these crimes,” Hegseth said. “That number will continue to climb. The number of National Defense Areas will continue to climb. The barbed wire will climb. The troops will climb, because we’re going to get 100% operational control of the border.”

He added that anyone crossing illegally would face prosecution “to the fullest extent of the law by the Department of Justice,” emphasizing the Trump administration's commitment to strengthening security at the border.

After the president designated 170 miles of federal land along the border as a National Defense Area, the Department of Defense confirmed Thursday that the second National Defense Area will be established in Texas.

“The establishment of a second National Defense Area increases our operational reach and effectiveness in denying illegal activity along the southern border,” said Gen. Gregory Guillot, Commander of US Northern Command. “This is the second area in which Joint Task Force – Southern Border service members who are already detecting and monitoring through stationary positions and mobile patrols nearby can now temporarily detain trespassers until they are transferred to an appropriate law enforcement entity.”