Trump Orders Pentagon to Assume Control of Borderlands
A new directive grants the military sweeping authority over federal lands along the U.S.-Mexico border, invoking national emergency powers to repel what Trump calls an “invasion.”
WASHINGTON — President Donald J. Trump has issued a National Security Presidential Memorandum (NSPM-4) directing a significant expansion of the U.S. military’s role in securing the southern border, citing threats to national sovereignty and territorial integrity. The memorandum, addressed to the Secretaries of Defense, Interior, Agriculture, and Homeland Security, outlines a strategy to deploy military resources to repel what the administration describes as an “invasion” and to seal the border against unlawful entry.
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The directive, issued Friday, builds on Executive Order 14167, signed January 20, 2025, which assigned the Armed Forces the mission of protecting U.S. borders. NSPM-4 provides detailed guidance for federal agencies to facilitate military operations, including the construction of border barriers and the installation of detection equipment on federal lands along the U.S.-Mexico border.
Military Jurisdiction Over Federal Lands
Under the memorandum, the Department of Defense is granted authority to use and assume jurisdiction over federal lands, including the Roosevelt Reservation—a 60-foot-wide strip along the border—but excluding Federal Indian Reservations. These lands may be designated as National Defense Areas to support military activities. The Secretary of Defense is also empowered to determine necessary actions to secure military installations and maintain operational safety, consistent with existing defense laws.
The directive invokes emergency powers under a January 20, 2025, proclamation declaring a national emergency at the southern border. This allows the Secretary of the Interior to bypass certain restrictions under the Engle Act, enabling the withdrawal or reservation of public lands for military use to address the crisis.
Phased Implementation Plan
The memorandum outlines a phased approach, beginning with a limited sector of federal lands designated by the Secretary of Defense. Within 45 days, the Pentagon is required to assess the initial phase and report on its effectiveness. The Secretary of Defense may then expand operations to additional federal lands along the border, coordinating with the Department of Homeland Security and other agencies.
The rules for the use of force by military personnel will be prescribed by the Secretary of Defense, ensuring compliance with federal law. The directive emphasizes that the implementation is subject to available appropriations and existing legal authorities.
Preserving Agency Powers
NSPM-4 clarifies that it does not impair the authority of the Secretary of Defense to request National Guard support from state governors for Department of Defense activities, including potential law enforcement support if requested by the Attorney General or the Secretary of Homeland Security. It also preserves the statutory powers of other federal agencies and the budgetary functions of the Office of Management and Budget.
The memorandum explicitly states that it creates no enforceable rights or benefits for any party against the United States or its agencies, underscoring its focus on executive action within legal bounds.
Context and Implications
The White House has not yet announced specific timelines or locations for the initial phase, leaving details to the discretion of the Department of Defense. As the 45-day assessment period approaches, attention will focus on how the Pentagon balances its new mandate with operational and legal constraints.