On April 11, 2025 - President Trump signed
a Memorandum entitled "
This EO/NSPM jumped out at me, and I think it is likely to trigger some response. Let's work through some of the verbiage and terms that are interesting:
The complexity of the current situation requires that our military take a more direct role in securing our southern border than in the recent past. Through Executive Order 14167 of January 20, 2025 (Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States), I assigned the Armed Forces of the United States the military missions of repelling the invasion and sealing the United States southern border from unlawful entry to maintain the sovereignty, territorial integrity, and security of the United States.
This sets the tone, the order then goes on to assert Department of Defense jurisdiction over the
Roosevelt Reservation, which is an approximately 60-feet wide strip along the southern border, and designate National Defense Areas (NDA). The NDAs are particularly interesting because they give the U.S. Military the authority to conduct law enforcement activities in those areas, the same as the would on a camp, base, or military installation. In conjunction with the previous designation as some gangs and terroist organization this gets interesting.
A bit of digging turned up the Judge Advocate General analysi on NDA from 2011
https://www.afjag.af.mil/Portals/77/documents/AFD-110711-038.pdfFor those reluctant to click on ".mil" links the text notes:
An area established on non-Federal lands located within the United States
or its possessions territories [sic] for the purpose of safeguarding classified
defense information or protecting DOD equipment or material. Establishment of
a national defense area temporarily places such non-Federal lands under the effective control of the Department of Defense and results only from an emergency event. The senior DOD representative at the scene will define the boundary, mark it with a physical barrier, and post warnings. The landowner’s consent and cooperation will be obtained whenever possible; however, military necessity will dictate the final decision regarding location, shape, and size of the national defense area.
Designation of an NDA, excludes that area from the restrictions of the Posse Comitatus Act. When the full implications of this order are processed by the press and commentators it will likely generate some substantial debate.
