Trump’s DOJ is pushing prosecutors to pursue “fatally flawed” cases against Texas border crossers
Airfind news item
By Agnel Philip
Published on March 16, 2026.
The Trump administration is pushing for "fatally flawed" cases against Texas border crossers, according to ProPublica and The Texas Tribune. The cases stem from the creation of vast stretches of federal land along the southern border as part of a national defense area, which is now known as a national security zone. Jose Omar Flores-Penaloza was charged with trespassing on military property under statutes including one enacted in 1909 to keep spies away from arsenals. The added misdemeanors were unlikely to lengthen his sentence, but could cast him as a threat to national security. Since April, at least 4,700 immigrants already charged with entering the country illegally have faced additional misdemeanor counts accusing them of trespassing upon military property. Despite these challenges, prosecutors argue that knowingly crossing the border is sufficient to prove criminal intent.
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