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The newly filed Title 50 charges carry potential penalties of up to one year in prison, supplementing existing immigration-related offenses.
Source: Department of Justice
Photo: Courtesy
ALBUQUERQUE – U.S. Attorney Ryan Ellison today announced the filing of 82 new Title 50 charges for unauthorized entry into the newly-designated National Defense Area along New Mexico’s southern border, following a high-level visit with Defense Secretary Pete Hegseth and U.S. Border Patrol Chief Michael Banks.
The charges mark the first large-scale use of a novel criminal statute targeting unauthorized entry onto federally protected military defense property, a move enabled by the recent transfer of control over a 170-mile stretch of borderland-known as the Roosevelt Reservation-from the Department of the Interior to the Department of Defense. This corridor, now treated as an extension of U.S. Army Garrison Fort Huachuca, is subject to enhanced military patrols and surveillance, with U.S. troops authorized to temporarily detain and transfer individuals to federal law enforcement for prosecution.
The newly filed Title 50 charges carry potential penalties of up to one year in prison, supplementing existing immigration-related offenses. The Justice Department’s actions underscore a coordinated federal response to border security, leveraging expanded military and prosecutorial authority to deter unlawful crossings.
“The Department of Justice will work hand in glove with the Department of Defense and Border Patrol to gain 100% operational control of New Mexico’s 170-mile border with Mexico,” U.S. Attorney Ryan Ellison reiterated following the meeting. “Trespassers into the National Defense Area will be Federally prosecuted—no exceptions.”
The U.S. Attorney’s Office for the District of New Mexico will continue to aggressively prosecute all violations within the National Defense Area, in close partnership with the Department of Defense and U.S. Customs and Border Protection.
Relevant Sections of Title 50
§796. Effect of subchapter on other criminal laws
The foregoing provisions of this subchapter shall be construed as being in addition to and not in modification of existing criminal statutes.
(Sept. 23, 1950, ch. 1024, title I, §17, 64 Stat. 1003 .)
§797. Penalty for violation of security regulations and orders
(a) Misdemeanor violation of defense property security regulations
(1) Misdemeanor
Whoever willfully violates any defense property security regulation shall be fined under title 18 or imprisoned not more than one year, or both.
(2) Defense property security regulation described
For purposes of paragraph (1), a defense property security regulation is a property security regulation that, pursuant to lawful authority-
(A) shall be or has been promulgated or approved by the Secretary of Defense (or by a military commander designated by the Secretary of Defense or by a military officer, or a civilian officer or employee of the Department of Defense, holding a senior Department of Defense director position designated by the Secretary of Defense) for the protection or security of Department of Defense property; or
(B) shall be or has been promulgated or approved by the Administrator of the National Aeronautics and Space Administration for the protection or security of NASA property.
(3) Property security regulation described
For purposes of paragraph (2), a property security regulation, with respect to any property, is a regulation-
(A) relating to fire hazards, fire protection, lighting, machinery, guard service, disrepair, disuse, or other unsatisfactory conditions on such property, or the ingress thereto or egress or removal of persons therefrom; or
(B) otherwise providing for safeguarding such property against destruction, loss, or injury by accident or by enemy action, sabotage, or other subversive actions.
(4) Definitions
(A) Department of Defense property
The term “Department of Defense property” means covered property subject to the jurisdiction, administration, or in the custody of the Department of Defense, any Department or agency of which that Department consists, or any officer or employee of that Department or agency.
(B) NASA property
The term “NASA property” means covered property subject to the jurisdiction, administration, or in the custody of the National Aeronautics and Space Administration or any officer or employee thereof.
(C) Covered property
The term “covered property” means aircraft, airports, airport facilities, vessels, harbors, ports, piers, water-front facilities, bases, forts, posts, laboratories, stations, vehicles, equipment, explosives, or other property or places.
(D) Regulation as including order
The term “regulation” includes an order.
(b) Posting
Any regulation or order covered by subsection (a) shall be posted in conspicuous and appropriate places.
(Sept. 23, 1950, ch. 1024, title I, §21, 64 Stat. 1005 ; Pub. L. 109–163, div. A, title X, §1053, Jan. 6, 2006, 119 Stat. 3435.)
