politics

Justice Department expands military's power to detain migrants accused of trespassing

Updated on: August 14, 2026 / 4:51 PM EDT / CBS News

Justice Department expands military's power to detain migrants accused of trespassing

TL;DR

  • The Justice Department's Office of Legal Counsel has issued an opinion expanding military powers to detain migrants accused of trespassing in "National Defense Areas" near the U.S.-Mexico border.
  • These "National Defense Areas" allow soldiers to detain migrants accused of entering restricted zones, with prosecutions for trespassing on military land occurring.
  • The opinion states that military personnel can arrest individuals for trespassing even if they leave these zones before apprehension, citing statutory authorization and the military's protective role.
  • Six national defense areas have been established along the southern border, with potential for more in the future.
  • The Pentagon has deployed over 20,000 service members to the border, with Joint Task Force currently including 8,000 personnel who have made 161 detentions in these areas.
  • This legal opinion is advisory and does not set precedent.
  • The Trump administration's border crackdown, including enlisting military aid and closing the asylum system, has coincided with a sharp decline in illegal border crossings.