The New Mexico National Defense Area was established on April 15, 2025, by President Donald Trump. Almost two months later, there is still widespread confusion about the boundaries of the 170-mile stretch of land, access, and rules.

Prosecutors have had difficulties enforcing the legal penalties against trespassers, but tout “operational control,” of the southern border as an early success.

4 Investigates met with local law enforcement, a former DEA agent, business owners, outdoor enthusiasts and a rancher to see how changes on the border are impacting New Mexicans. 

Historically Low CBP ‘encounters’ 

The number of encounters with U.S. Customs and Border Protection nationwide are historically low. A surge in migrants in 2023 stressed resources and led to a humanitarian crisis. In June 2024, Joe Biden signed an executive order ending asylum requests for migrants, which started a downward trend in encounters. That trend has accelerated under the Trump Administration. 

“No exceptions” for trespassers  

U.S. Attorney for New Mexico Ryan Ellison said he’d federally prosecute trespassers with, “no exceptions.” Except, Chief U.S. Magistrate Judge Gergory Wormuth dismissed around 100 charges for trespassers entering a military zone.

Recent charging documents show there is “no probable cause” and stats released by the U.S. Attorney’s Office show they are starting to charge fewer people. Last week, only 13 people were charged for illegally entering the NMNDA. The week before 260 people were charged, the week before that 133 people were charged.

Ellison would not sit down for an on-camera interview but in an emailed statement said, “While we respectfully disagree with the Court’s ruling, the United States Attorney’s Office is considering all available next steps—including appeal.” 

According to Ellison, there have been zero military trespassing convictions in New Mexico. However, a spokesperson emailed statement said, “every single defendant apprehended in the NDA has still been convicted for either illegal entry or illegal re-entry.” 

Zero U.S. citizens have been charged for illegally entering the NM NDA, according to Ellison’s spokeswoman. 

Texas prosecutors are facing less opposition. According to the El Paso Times, 340 people have been convicted for trespassing in the military zone. 

Fentanyl Seizures drop 

A Washington Post report details the potential reasons why fentanyl seizures have decreased dramatically at the border. In the first half of this fiscal year, fentanyl seizures have decreased by 30% compared to the same time last year. 

International drug trade is complex. Nobody knows that better than Española native, and former Chief of the International Operations for the Drug Enforcement Administration, Mike Vigil. 

Vigil said the biggest reason for the decrease is likely not related to anything the United States is doing. 

Desert Deaths 

When 4 Investigates told Doña Ana County Sheriff the restricted military area ranges from 60 feet from the border wall, up to three and half miles, she laughed. 

“No general from JTF [Joint Task Force] southern border has contacted me,” Sheriff Kim Stewart said. “Nobody.” 

She said death investigations in the county fall under the told Doña Ana County Sheriff’s jurisdiction. There was an explosion of desert deaths that coincided with the surge of migrants coming over the border. 

4 Investigates plotted the location for every desert death the Doña Ana County Sheriff’s Office has responded to since 2021. 

With the hottest months still to come, 2025 has seen a dramatic drop in desert compared to 2024. 

The New Mexico Office of the Medical Investigator confirmed the decrease is not limited to Doña Ana County. Statewide, in 2025, there has been 12 migrant deaths. In 2024, 149 migrants died in the desert. In 2023, 120 migrants died. 

Ryan Laughlin: “Does the new Administration get credit for that?”

Stewart: “Well, you know, something does. Well, let me flip it around. What caused the 100 [deaths] to begin with?” 

Stewart, a democrat, pointed to Texas making it much harder for migrants to cross as a contributing factor for the increase in desert deaths. 

“Government doesn’t usually work chaotically,” Stewart said. 

She said the NMNDA was not thoroughly vetted idea. 

“The lack of that organization, the lack of knowing whose role is what, the lack of knowing actual borders. That’s a problem,” Stewart said. 

The republican sheriffs in Luna County and Hildago County did not respond to 4 Investigates requests for an interview. 

Ranchers and BLM access 

Over 100,000 acres known as the Roosevelt Reservation was formerly publicly accessible as Bureau of Land Management land. President Trump has transferred the land to be overseen by the Department of Defense, but the boundaries of the military zone are not clear. The area near the border wall in New Mexico is a checkerboard of state, private and federal lands. 

“[I] don’t know how it works yet,” said Russell Johnson. 

He’s a former Border Patrol agent and fourth generation rancher. 4 Investigates shared his story when the border wall construction behind his ranch was paused by President Biden in 2021. 

He is happy the military his helping control of the border but said he doesn’t know how the grazing rights for his cattle on BLM land will work with the new military zone. Johnson said 85% of his ranch is on BLM land. 

“We had a stakeholder’s meeting with Border Patrol and local law enforcement here in Deming and the military there as well,” Johnson said. “We were assured that this would not impact our operation at all.” 

Nobody from the U.S. Military would go on-camera with 4 Investigates. When we asked if there were exceptions for U.S. citizens to access the NMNDA an emailed response said the NMNDA, “has been declared a restricted area and unauthorized entry by anyone is prohibited.” 

When we followed to ask about grazing rights for ranchers, a military spokesman said they are working to “balance the border mission and established relationships with land users, such as grazing access.” 

Johnson said he’s not worried about the military taking away public land for the next three years. 

“The issues we’ve had with that side of the border way overwhelms any inconvenience that we might have with the military here,” he said. 

Hunting and Hiking “no longer allowed” 

“One thing that makes New Mexico cool is there’s a lot of public land here,” said BJ Trejo. 

Trejo grew up hunting southern New Mexico and has passed his passion to his wife and daughters.

“It’s so much more than just harvesting an animal,” he said. 

The land where he harvested Couse deer, a small type of White-tailed deer, year’s past is now part of the NDA and off limits to him. He has a deer tag this year and is concerned he doesn’t know where the NDA boundaries are. 

“Maybe this is the answer, but I guess at this point what my concern is that there’s no definitive line,” said Trejo. 

Popular map apps, like OnX, show the area near the border is a checkerboard of private, state and BLM land. The military said in some places the NDA extends up to 3.5 miles from the border wall, other places it’s only 60 feet. 

His larger concern is if public lands do not return to the public. 

“My goal is to, you know, ensure that future generations have the same opportunities that I have,” said Trejo. “Because it has molded me into who I am and who my daughters are.” 

International Business Perspective 

Some believe the military’s presence is bad for business. Jerry Pacheco is the President of the Border Industrial Association and tries to attract business to Santa Teresa, NM.

“Juarez is like the dog and we’re the tail. The bulk of production is on the other side, but that doesn’t mean we don’t have, value added production on this side,” said Pacheco.  

He said business is good. 2024 was their best year in terms of exports from New Mexico. Tariffs on steel and aluminum are his greatest concern. However, he’s concerned how the military’s presence will impact recruiting. 

“They saw the military and all this and that there, they said, ‘What is this? Gaza?'” said Pacheco. “Having the military kind of makes people feel nervous that they’re in an unsafe zone.” 

“I had a delegation from India here this morning, and I took them on a tour of the industrial base, and they made, stop the van to take the pictures of the Stryker. Not good optics,” he said.