Why We Went Looking for National Defense Areas Along the U.S. Southern Border

In November, Perla, Abe and I set out to report throughout southern New Mexico and West Texas to see for ourselves what information we could gather about where the zones were and how they were marked.

Abe and I arranged a ride-along with Doña Ana County Sheriff Kim Stewart, whose New Mexico agency shares jurisdiction with Border Patrol and the military in one of the zones.  A sergeant from her office drove us along a dirt road that parallels the border as she pointed out 12-by-18-inch red and white signs opposite the fence. She told us her office hadn’t received specific information about where the military zone boundaries were; all they had were the signs. Even in broad daylight, it was difficult to read the words on them unless we got within a few feet.

On another outing in New Mexico — this time with the photographer Paul Ratje — I went to a spot in Sunland Park where Ratje said he’d previously taken photos of the border fence. The 2-acre dirt lot sat less than a mile from residential neighborhoods and a popular Italian restaurant. From the lot, we could see more red and white signs along the nearby border road.

While we were taking pictures, a pickup truck with a Border Patrol livery approached us. I was surprised to see that inside, instead of Border Patrol agents, there were two Army soldiers. The soldier in the passenger seat pointed to the signage along the border road and told us not to go past there. The border road was part of the defense area, he told us, though the lot we were standing in wasn’t.

The next day, Perla and I returned to the same location. This time, a Border Patrol agent drove up. The lot was part of the defense area, he told us. When I pointed out that I had been given conflicting information the previous day, the agent said he was told by the military that people couldn’t be in this area. We left. (An Army spokesperson said that the base responsible for the defense area in New Mexico published a map in December; the lot was not included in it.)

My interactions with Border Patrol and the military had so far only added to our confusion about these areas. Later that day, Perla and I drove south to a stretch of border fence along the Rio Grande near Tornillo, Texas. We saw a Border Patrol van near a gate in the fence. We thought we’d try to ask where the defense area was. Before we could do that, another Border Patrol van pulled up to us. Soldiers, including one with a rifle strapped across his shoulder, emerged from both vehicles. Another soldier told us he was “not at liberty to discuss” the national defense area’s exact location. 

The response bewildered us. We asked him how we were supposed to know whether we were trespassing. He shrugged. (Spokespeople for U.S. Customs and Border Protection and the Department of Defense did not directly answer questions about these interactions.)

As we got back into our rental SUV, Perla and I wondered: If we, as reporters who investigate things for a living, couldn’t get a straight answer on where these military zones were, how did the government expect people crossing the border to do better? 

In the four months between our reporting trip and the publication of our investigation on March 16, the government continued to file military trespassing charges in more than 1,300 cases. And it’s established new military zones, too, in Arizona, California and Texas.

Agnel Philip is a data reporter at ProPublica. Abe StreepPerla TrevizoPratheek Rebala and Paul Ratje contributed reporting. This story was originally published by ProPublica. ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive ProPublica’s biggest stories as soon as they’re published.