ALBUQUERQUE, N.M. – More than two dozen migrants are now facing federal criminal charges for crossing into the U.S. from Mexico and entering the newly-created New Mexico National Defense Area.

The zone is a 170-mile strip along our state’s border with Mexico.

“That area is being treated as a restricted zone. It is essentially being treated as an extension of a military base,” said Rebecca Sheff, a senior staff attorney with the ACLU of New Mexico.

Sheff says the migrants are basically facing trespassing charges. With the change, the Trump administration argues U.S. soldiers have the authority to apprehend people who enter the defense area. 

In the past, soldiers have only been there to support Border Patrol.

“That is a very different way of managing the border than we have ever seen before, which is really troubling,” said Sheff.

On Friday, Secretary of Defense Pete Hegseth visited the area.

“If you are an illegal crossing, you will be monitored, you will be detained by U.S. troops. You will be detained temporarily and handed over to customs and Border Patrol,” said Hegseth.

The ACLU worries this could be used by the federal government to charge anyone, including citizens, for entering the zone. 

“Everyone’s civil liberties deserve to be protected and defended for folks who live in border communities,” Sheff said. 

Many of the 28 migrants in custody had their first appearance in federal court Wednesday, where they were formally read their charges and learned their next court date. 

More than 2,000 troops are currently part of this operation at the southern border.