In recent weeks, escalating tensions along the U.S.-Mexico border have reached a boiling point, as the Trump administration has rapidly established two militarized "National Defense Areas" in Texas and New Mexico. This move has not only sparked a diplomatic crisis with Mexico but has also created significant legal turmoil in U.S. courts.
According to reports from Havana Times, in April 2025, the Department of the Interior transferred 170 miles of the Roosevelt Reservation—a 60-foot-wide federally owned strip of land along the border—to the Defense Department. This area is now under the jurisdiction of Fort Huachuca, an army base in Arizona. Just days later, on May 1, the Department of Defense’s U.S. Northern Command announced a second National Defense Area in El Paso, Texas, which extends from the American Dam southeast to Fort Hancock, encompassing 2,000 acres of land, including the banks and bed of the Rio Grande River.
The implications of these transfers are profound. The International Boundary and Water Commission (IBWC), which has overseen water treaties between the U.S. and Mexico since 1889, transferred the land to the Department of Defense, raising alarm bells in Mexico regarding its historic water treaties with the U.S. Stephen Mumme, an emeritus professor of political science at Colorado State University, stated, "Mexico is going to be looking at this and will be thinking that it has the potential to impact its sovereignty." He further emphasized the importance of the IBWC's treaty authority under international law, which cannot be surrendered.
In a bold move, the Trump administration has used shared water rights as leverage in its dealings with Mexico. In March, for the first time since the U.S.-Mexico water treaty was established in 1944, the United States refused to release water from the Colorado River to Tijuana. Despite facing a historic drought, Mexico pledged to release water to the Rio Grande in late April.
Simultaneously, Trump has deployed nearly 10,000 active-duty soldiers, Stryker Combat vehicles, and military aircraft to the southern border. He has even threatened to send drones and U.S. troops into Mexico to combat drug cartels, a proposition that Mexican President Claudia Sheinbaum has firmly rejected. "Sovereignty is not for sale," she declared during an April rally, emphasizing the need for cooperation without infringing on each other's territories.
As the situation escalates, the U.S. military's role in domestic law enforcement has come under scrutiny. The establishment of these defense areas allows the military to install surveillance systems and build border walls, effectively turning public lands into military installations. Individuals found trespassing in these zones face federal charges, with penalties that can include up to a year in jail and fines of $100,000. Undocumented migrants already facing charges of illegal entry will receive additional federal charges if apprehended in a National Defense Area.
In April, the chaos surrounding these new policies resulted in tragedy when two Marine Corps soldiers were killed in New Mexico while following a Border Patrol convoy. Their deaths highlight the dangers posed by the rapid militarization of the border.
Last Friday, in a U.S. district court in New Mexico, approximately 100 individuals appeared to face unprecedented federal trespassing charges under Title 50, the national defense and intelligence code. This situation caused confusion among judges, defense attorneys, and defendants alike, as many claimed they were unaware they had entered a militarized zone. U.S. Attorney Ryan Ellison clarified that defendants could be convicted regardless of whether they saw posted warning signs, indicating a more aggressive prosecution strategy.
In a parallel development, the Border Network for Human Rights (BNHR) planned a "Hugs Not Walls" gathering on May 10, coinciding with Mother's Day in Latin America. This event, which has been a poignant symbol of family reunification since 2016, was intended to allow families to embrace across the Rio Grande. However, the designation of the Mexico-New Mexico border as a National Defense Area effectively canceled the event.
Fernando Garcia, the BNHR Executive Director, expressed disappointment, stating, "It is important to understand that local federal officials, even Department of Defense officials, were sympathetic, but a political decision was made (in Washington, D.C.) that this event should not happen." Instead, the organization has opted to hold a gathering just outside the military zone, where participants will still seek to express their love and solidarity.
The alternative event, dubbed "Madres de la Frontera: Love Without Borders," will take place at Doniphan Park in El Paso. Organizers plan to create a festive atmosphere with flowers, balloons, and mariachis while addressing the pressing issues of family separation and the militarization of the border. Garcia remarked, "When one door closes, we open another door. And we are going to continue to do this until we have our next 'Hugs Not Walls.'" This sentiment underscores the resilience of families affected by these policies.
As the U.S. government continues to impose military control over the border, the diplomatic and humanitarian implications are becoming increasingly dire. With plans for additional National Defense Areas in Arizona and California, the situation is likely to escalate further, raising questions about the future of U.S.-Mexico relations and the treatment of individuals seeking asylum.
