Trump Admin Pursues an Unprecedented Legal Strategy to Target Border Crossers

"President Donald Trump, to address what he called a national emergency, ordered a stretch of borderland transferred to the military so that troops could help apprehend unauthorized migrants. Because prosecutors believed Flores-Penaloza had crossed through that zone, now called a national defense area, they charged him with trespassing on military property under statutes including one enacted in 1909 to keep spies away from arsenals."

"The added misdemeanors were unlikely to lengthen his sentence; they typically result in time served and deportation. But Flores-Penaloza maintained his innocence in the face of the allegation that could cast him as a national security threat."

"One year into the second Trump administration, federal courts are facing a surge of immigration-related litigation, including a record number of habeas petitions from detainees who say they are being unlawfully held."

Jose Omar Flores-Penaloza, willing to accept deportation for illegal entry, faced additional federal charges for trespassing on military property after crossing through a newly designated national defense area. President Trump ordered a stretch of borderland transferred to military control to address what he termed a national emergency and apprehend unauthorized migrants. Federal prosecutors charged Flores-Penaloza under statutes including one from 1909 originally enacted to prevent espionage at arsenals. Though unlikely to extend his sentence, the charges could characterize him as a national security threat. One year into the second Trump administration, federal courts experience a surge in immigration-related litigation, including record habeas petitions from detainees claiming unlawful detention.

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