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Trump’s border move raises legal questions over military authority in New Mexico

Trump’s border move raises legal questions over military authority in New Mexico
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      SEVEN NEWS. PRESIDENT TRUMP ANNOUNCING FRIDAY THAT A 60 FOOT WIDE STRIP OF LAND ALONG THE BORDER, CALLED THE ROOSEVELT RESERVATION, WILL BE PLACED UNDER CONTROL OF THE U.S. MILITARY. IT WILL STRETCH FROM CALIFORNIA ALL THE WAY HERE TO NEW MEXICO. JASON MCNABB SPOKE WITH A LEGAL EXPERT TO SEE HOW THIS COULD CONFLICT WITH EXISTING FEDERAL LAW. WELL, DOUG AND SHELLY, FRIDAY’S PRESIDENTIAL MEMO GIVES A MILITARY TEMPORARY CONTROL OVER THE CORRIDOR, WHICH RUNS ALONG THE ENTIRETY OF NEW MEXICO’S SOUTHERN BORDER. DESPITE CUSTOMS AND BORDER PROTECTION DATA SHOWING THAT CROSSINGS HAVE DECREASED SIGNIFICANTLY IN ALL THREE STATES AT THE ROOSEVELT RESERVATION LIES IN. TRUMP’S PRESIDENTIAL MEMO STATES THAT THE SOUTHERN BORDER IS STILL UNDER A, QUOTE, VARIETY OF THREATS, ACCORDING TO THE ASSOCIATED PRESS, THE TRUMP ADMINISTRATION IS ESSENTIALLY TURNING THIS SECTION OF THE BORDER INTO A U.S. MILITARY INSTALLATION, OF WHICH TRESPASSING WOULD BE ILLEGAL. HOWEVER, THIS DOESN’T MEAN LEGAL CHALLENGES WON’T COME. IT’S ALWAYS BEEN A LAW THAT PUTS THE BRAKES ON THAT. THE POSSE COMITATUS ACT, A RECONSTRUCTION ERA LAW, BARS FEDERAL TROOPS FROM PARTICIPATING IN DOMESTIC LAW ENFORCEMENT ON U.S. SOIL. THE QUESTION IS GOING TO BE, IS IT LEGAL FOR THE TRUMP ADMINISTRATION TO SEND U.S. SOLDIERS TO THAT 60 FOOT WIDE STRIP TO HELP IN TERMS OF BORDER ENFORCEMENT, THERE IS AN EXCEPTION KNOWN AS THE MILITARY PURPOSE DOCTRINE. IT ALLOWS TROOPS TO CONDUCT LAW ENFORCEMENT ACTIONS IF THEY’RE SIMULTANEOUSLY FULFILLING A SEPARATE MILITARY FUNCTION. HOWEVER, THE MILITARY WOULD HAVE TO PROVE THAT THEIR PURPOSE TO BE AT THE BORDER WOULDN’T BE SPECIFIC TO BORDER SECURITY. KOAT LEGAL EXPERT JOHN DAY SAYS A CHALLENGE ULTIMATELY LIES ON THE SPECIFIC DUTIES THE TROOPS WILL ACTUALLY CARRY OUT, WHICH IS YET TO BE SEEN. AND SO, WHAT THE TRUMP ADMINISTRATION IS TRYING TO DO HERE IS ARGUE THAT THIS IS NOT LAW ENFORCEMENT DUTIES. IT’S FEDERAL LAND. AND WE ARE REPELLING AN INVASION FROM A FOREIGN COUNTRY. AND THAT’S WHERE THEY SAY THAT’S WHERE THE DIFFERENCE LIES. 7000 ARMY TROOPS ARE ALREADY AT THE BORDER FOLLOWING TRUMP DECLARING THE BORDER A NATIONAL EMERGENCY SHORTLY AFTER TAKING OFFICE FOR THE SECOND TIME NOW, THEY’VE BEEN PRIMARILY TASKED WITH HELPING CUSTOMS AND BORDER PROTECTION WITH SURVEILLANCE AND DO NOT HAVE THE POWER TO MAKE ANY ARRESTS. JASON MCNABB, KOAT ACTION SEVEN NEWS PRESIDENTIAL MEMO ADDS THE SECRETARY OF DE
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      Trump’s border move raises legal questions over military authority in New Mexico
      President Donald Trump’s latest memorandum has stirred legal and constitutional debate across New Mexico and beyond. On Friday, Trump announced that a 60-foot-wide strip of federally owned land along the U.S.-Mexico border — known as the Roosevelt Reservation — would be placed under temporary control of the U.S. military. This corridor stretches from California to New Mexico, encompassing the entirety of New Mexico’s southern border.The directive, issued via presidential memo, gives the Department of Defense authority over the strip of land for 45 days while it assesses the feasibility of a military presence. While the Trump administration says the move is necessary to combat a "variety of threats" at the southern border, critics and legal experts argue it may conflict with longstanding federal law.Legal Concerns: Posse Comitatus ActAt the heart of the legal debate is the Posse Comitatus Act, a Reconstruction-era law that prohibits the use of federal military personnel to enforce domestic laws unless expressly authorized by Congress. The law is designed to uphold civilian control over domestic law enforcement and prevent the military from acting as a national police force.“This is an old law that’s been on the books since the 19th century, but it applies to the present day,” said KOAT legal expert John Day. “It bars federal troops from conducting domestic law enforcement, and any attempt to expand their role at the border must navigate that carefully.”According to a report from the Associated Press, the administration appears to be attempting an end-run around the law by treating the Roosevelt Reservation as a military installation. Trespassing on military installations is illegal.What Will Troops Actually Do?More than 7,000 active-duty troops, including a Stryker team, are already stationed at the border under Trump's national emergency declaration. Thus far, they have only provided logistical support to U.S. Customs and Border Protection (CBP), such as surveillance and intelligence gathering. They have not had the power to make arrests.However, the latest memo suggests a potential escalation in their role — a move that remains legally murky.“Until there’s a clearer picture, we don’t really know exactly what they’re going to do,” said Day. “Are they engaged in law enforcement duties? Are they assisting CBP in a support role? That will determine whether this violates the law or not.”Day added that the key legal question will be whether troops are merely supporting CBP or directly engaging in enforcement activities, which would cross into prohibited territory under the Posse Comitatus Act. The announcement comes despite CBP data showing a significant decrease in illegal crossings in all three states the Roosevelt Reservation touches: California, Arizona, and New Mexico. The administration, however, insists that national security risks persist along the border. The presidential memo requires the Secretary of Defense to reassess the use of military personnel on the Roosevelt Reservation after 45 days. Whether the military will assume a larger enforcement role — and whether that role withstands legal scrutiny — remains to be seen.For now, the military's presence along New Mexico's border will be closely watched by legal experts, lawmakers, and civil rights advocates.

      President Donald Trump’s latest memorandum has stirred legal and constitutional debate across New Mexico and beyond. On Friday, Trump announced that a 60-foot-wide strip of federally owned land along the U.S.-Mexico border — known as the Roosevelt Reservation — would be placed under temporary control of the U.S. military.

      This corridor stretches from California to New Mexico, encompassing the entirety of New Mexico’s southern border.

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      The directive, issued via presidential memo, gives the Department of Defense authority over the strip of land for 45 days while it assesses the feasibility of a military presence. While the Trump administration says the move is necessary to combat a "variety of threats" at the southern border, critics and legal experts argue it may conflict with longstanding federal law.

      Legal Concerns: Posse Comitatus Act

      At the heart of the legal debate is the Posse Comitatus Act, a Reconstruction-era law that prohibits the use of federal military personnel to enforce domestic laws unless expressly authorized by Congress. The law is designed to uphold civilian control over domestic law enforcement and prevent the military from acting as a national police force.

      “This is an old law that’s been on the books since the 19th century, but it applies to the present day,” said KOAT legal expert John Day. “It bars federal troops from conducting domestic law enforcement, and any attempt to expand their role at the border must navigate that carefully.”

      According to a report from the Associated Press, the administration appears to be attempting an end-run around the law by treating the Roosevelt Reservation as a military installation. Trespassing on military installations is illegal.

      What Will Troops Actually Do?

      More than 7,000 active-duty troops, including a Stryker team, are already stationed at the border under Trump's national emergency declaration. Thus far, they have only provided logistical support to U.S. Customs and Border Protection (CBP), such as surveillance and intelligence gathering. They have not had the power to make arrests.

      However, the latest memo suggests a potential escalation in their role — a move that remains legally murky.

      “Until there’s a clearer picture, we don’t really know exactly what they’re going to do,” said Day. “Are they engaged in law enforcement duties? Are they assisting CBP in a support role? That will determine whether this violates the law or not.”

      Day added that the key legal question will be whether troops are merely supporting CBP or directly engaging in enforcement activities, which would cross into prohibited territory under the Posse Comitatus Act.

      The announcement comes despite CBP data showing a significant decrease in illegal crossings in all three states the Roosevelt Reservation touches: California, Arizona, and New Mexico. The administration, however, insists that national security risks persist along the border.

      The presidential memo requires the Secretary of Defense to reassess the use of military personnel on the Roosevelt Reservation after 45 days. Whether the military will assume a larger enforcement role — and whether that role withstands legal scrutiny — remains to be seen.

      For now, the military's presence along New Mexico's border will be closely watched by legal experts, lawmakers, and civil rights advocates.