U.S. Attorney Ryan Ellison Announces First National Defense Area Convictions in New Mexico

ALBUQUERQUE – The United States Attorney’s Office for the District of New Mexico today announced the first two convictions under Title 50 U.S.C. § 797, Violation of Defense Property Security Regulations, and Title 18 U.S.C. § 1382, Military Trespass, following the recent designation of a military-controlled National Defense Area (NDA) along the U.S.-Mexico border.

Title 50 U.S.C § 797 and Title 18 U.S.C. § 1382 are among the federal statutes that establish criminal penalties for unlawful intrusions into areas designated as National Defense Areas.  Title 50 USC § 797 refers to the willful violation of a defense property security regulation, which, pursuant to lawful authority, was approved by the Secretary of Defense—or a military commander designated by the Secretary of Defense—for the protection or security of Department of Defense property. Title 18 USC § 1382 subjects anyone to criminal penalties who, within the jurisdiction of the U.S., entered upon a military post, fort, or yard—in these cases, the New Mexico National Defense Area—for a purpose prohibit by law or lawful regulation, that is, illegal entry into the United States.  These laws allow for prosecution of unauthorized entry into the NDA as a federal misdemeanor, carrying penalties of up to one year in prison and/or a fine.

In the first case, Andres De Los Santos-Martinez, a citizen of Mexico, pled guilty to re-entry after deportation, willfully violating a defense property security regulation, and military trespass by entering the New Mexico National Defense Area (NMNDA), a restricted military zone established in April 2025. De Los Santos-Martinez was apprehended by U.S. Border Patrol agents on June 1, 2025, in Doña Ana County, New Mexico, after crossing the border at a location not designated as a lawful port of entry. De Los Santos-Martinez had previously been apprehended in the NMNDA on May 7, 2025, and was advised in Spanish that unauthorized entry into the restricted military area was prohibited and subject to federal prosecution.

In the second case, Eduardo Herrera-Juvencio, also a Mexican national, pled guilty to re-entry after deportation, willfully violating a defense property security regulation, and military trespass by entering the New Mexico National Defense Area (NMNDA), a restricted military zone established in April 2025. Herrera-Juvencio was apprehended by U.S. Border Patrol agents on June 1, 2025, in Doña Ana County, New Mexico, after crossing the border at a location not designated as a lawful port of entry.  Herrera-Juvencio had previously been apprehended in the NMNDA on May 7, 2025, and was advised in Spanish that unauthorized entry into the restricted military area was prohibited and subject to federal prosecution.

These are the first convictions in the District of New Mexico under the new federal enforcement strategy, which grants the military expanded authority over an approximately 60-foot-wide, 170-mile-long strip of land along the New Mexico border, now managed by the U.S. Army as a National Defense Area. The NDA is marked with signs in English and Spanish warning that unauthorized entry is prohibited and subject to federal prosecution.

“These first convictions reflect the resolve of the United States Attorney’s Office to do its part in securing our nation’s southern border,” said U.S. Attorney Ryan Ellison. “I am tremendously proud of our staff in the Las Cruces Branch Office, the U.S. Border Patrol, and the U.S. military for their relentless efforts to secure our southern border. This partnership is a prime example of what can be accomplished through coordinated enforcement of existing federal laws. New Mexico—and the entire country—is more secure because of these efforts.”

“Let this send the message that entering the United States illegally is a crime; and if you do so in an area marked as a National Defense Area, you will be prosecuted to the fullest extent of the law and removed far from the border,” said Chief Patrol Agent Walter N. Slosar.

The Court has ordered both defendants to remain in custody pending sentencing. Upon completion of their sentences, they will be subject to deportation proceedings.

U.S. Attorney Ryan Ellison and Chief Patrol Agent Walter N. Slosar of the U.S. Border Patrol El Paso Sector made the announcement.

The U.S. Border Patrol El Paso Sector investigated the cases. Assistant U.S. Attorneys Mark Saltman and Alyson Hehr are prosecuting the cases.