DOJ legal opinion expanded military's arrest authority beyond southern border National Defense Areas
On August 14, 2026, the U.S. Department of Justice's Office of Legal Counsel issued a formal opinion concluding that military personnel may arrest migrants for trespassing even after they leave one of the six "National Defense Areas" the Trump administration has designated along the U.S.-Mexico border in Arizona, California, New Mexico, and Texas. Deputy Assistant Attorney General William Hyde wrote that arresting trespassers "just outside of an NDA would not violate the [Posse Comitatus Act]," citing a commander's traditional protective power over military property. The opinion, issued in Washington, D.C., extends military detention authority beyond the National Defense Areas' boundaries for the first time since the zones were created in 2025.
