The Trump Administration’s “Disturbing” New Legal Strategy to Prosecute Border Crossers Is Taxing Courts and Testing the Law

The Trump administration implemented a legal strategy in April 2019 to prosecute border crossers with additional misdemeanor charges of trespassing on military property. This stemmed from the designation of certain border areas as national defense zones. Federal courts in West Texas and New Mexico have seen a surge in these cases, with at least 4,700 immigrants facing these charges in addition to illegal entry. Many judges have found the prosecutions legally deficient, citing a lack of evidence that defendants knowingly trespassed. Despite this, prosecutors have continued to file charges and appeal adverse rulings, arguing that knowingly crossing the border is sufficient to prove criminal intent. The strategy is taxing the courts and challenging established legal principles, with a high percentage of trespass charges being dropped or dismissed.

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