U.S.-MEXICO BORDER — The Justice Department issued a legal opinion on Friday giving the U.S. military broader powers to detain migrants accused of trespassing in areas controlled by the Department of Defense. The guidance expands the authority of service members to arrest individuals who leave designated zones before law enforcement can take them into custody.

The Posse Comitatus Act generally prohibits the military from enforcing laws on domestic soil. Deputy Assistant Attorney General William Hyde addressed this restriction in the new document, which concerns land near the U.S.-Mexico border designated as National Defense Areas to deter illegal immigration.

Why It Matters

The legal opinion provides a framework for military involvement in border enforcement at a time when migrant apprehensions have declined significantly. Border Patrol reported fewer than 240,000 migrant apprehensions along the southern border in fiscal year 2025, down from 1.5 million in fiscal year 2024 and 2 million in fiscal year 2023. The number has fallen further in fiscal year 2026, with Border Patrol recording 81,000 apprehensions with two months remaining in the fiscal year.

This shift in enforcement strategy occurs as the military maintains a substantial presence along the border. The joint task force continues to operate within the designated national defense areas, facilitating the transfer of detained individuals to civilian law enforcement for prosecution under federal trespassing statutes.

Timeline

Border Patrol recorded 2 million migrant apprehensions along the southern border in fiscal year 2023. On September 30, 2024, Border Patrol recorded 1.5 million migrant apprehensions along the southern border in fiscal year 2024. On October 23, 2024, a Notice of Removal of Designated Chinese Military Companies and Notice of Designation of Chinese Military Company; Supplemental Notice was issued. The Justice Department began charging individuals apprehended in national defense areas in April 2025. On September 30, 2025, Border Patrol reported fewer than 240,000 migrant apprehensions along the southern border in fiscal year 2025. Earlier coverage on June 1, 2026, reported that an appeals court panel ruled the Pentagon policy illegally banned transgender troops from military service. PureSource News reported on June 12, 2026, that Trump plans to deport migrants to the Central African Republic.

What's New

In fiscal year 2025, Border Patrol reported fewer than 240,000 migrant apprehensions along the southern border, down from 1.5 million and 2 million in fiscal years 2024 and 2023, respectively, according to agency data. The number has fallen even more in fiscal year 2026, with Border Patrol recording 81,000 apprehensions. PureSource News previously reported that Border Patrol swore in 33 recruits at Falcon Stadium.

Earlier coverage on June 1, 2026, reported that an appeals court panel ruled the Pentagon policy illegally banned transgender troops from military service. PureSource News reported on June 12, 2026, that Trump plans to deport migrants to the Central African Republic. PureSource News previously reported that Trump extends the National Guard in D.C. through 2029.

How Sources Differ

Sources present different figures regarding fiscal border patrol migrant apprehensions. Desk web sources state that in fiscal year 2025, Border Patrol reported fewer than 240,000 migrant apprehensions along the southern border, down from 1.5 million and 2 million in fiscal years 2024 and 2023, respectively, according to agency data. U.S. Customs and Border Protection fiscal year 2024 data states that Border Patrol recorded 1.5 million migrant apprehensions along the southern border in fiscal year 2024.

Reports differ on details regarding the military joint task force spokesperson. Desk web sources state that the U.S. military's Joint Task Force has made 161 temporary detentions in national defense areas, according to a spokesperson for the military’s southern border Joint Task Force. A primary source states that a spokesperson for the military's southern border Joint Task Force stated that the task force currently includes 8,000 service members.

Sources provide different details on military national defense areas. Desk web sources state that the U.S. military's Joint Task Force has made 161 temporary detentions in national defense areas, according to a spokesperson for the military’s southern border Joint Task Force. The Department of Justice Office of Legal Counsel opinion states that National Defense Areas are closed to civilians, allowing the Justice Department to prosecute individuals arrested in these zones for trespassing on military land. The Department of Justice Office of Legal Counsel opinion also states that the Justice Department opinion states that military personnel can arrest individuals who leave national defense areas before they can be apprehended for trespassing. Additionally, the Department of Justice Office of Legal Counsel opinion states that the Justice Department opinion stated that the military has suggested it may designate additional national defense areas in the future.

Reports differ on details regarding national defense areas. Desk web sources state that the U.S. military's Joint Task Force has made 161 temporary detentions in national defense areas, according to a spokesperson for the military’s southern border Joint Task Force. The Department of Justice Office of Legal Counsel opinion states that the legal opinion concerns land near the U.S.-Mexico border designated as "National Defense Areas" to deter illegal immigration. Regarding the southern border, desk web sources state that the U.S. military's Joint Task Force has made 161 temporary detentions in national defense areas, according to a spokesperson for the military’s southern border Joint Task Force. Department of Defense designation records state that the Trump administration has established six national defense areas along the southern border in Arizona, California, New Mexico, and Texas. Finally, regarding military national defense areas, desk web sources state that the U.S. military's Joint Task Force has made 161 temporary detentions in national defense areas, according to a spokesperson for the military’s southern border Joint Task Force. The U.S. Northern Command website states that military service members can apprehend trespassers in national defense areas and transfer them to law enforcement authorities.