Justice Department expands military's power to detain migrants near border
The Justice Department issued a legal opinion giving the U.S. military broader powers to detain migrants near certain areas along the southern border.
Updated on: August 15, 2026 / 11:14 AM EDT / CBS News
The opinion from the Justice Department's Office of Legal Counsel concerns large swaths of land near the U.S.-Mexico border that the second Trump administration has designated as "National Defense Areas" for the purposes of deterring illegal immigration.
While the military is generally prohibited from enforcing laws on domestic soil under the longstanding Posse Comitatus Act, the zones have allowed soldiers to detain migrants accused of entering the national defense areas, which are closed to civilians. The arrangement has allowed the Justice Department to prosecute those arrested in the zones for trespassing on military land.
In its opinion Friday, the Justice Department said military personnel can arrest individuals who leave national defense areas before they can be apprehended for trespassing.
"In sum, we conclude that the use of military personnel to arrest trespassers just outside of an NDA would not violate the [Posse Comitatus Act], given the express statutory authorization and the military-purpose of a commander's traditional protective power," Deputy Assistant Attorney General William Hyde said in his opinion.