Heinrich Demands Answers on Public Lands Transfer in Southern New Mexico

Heinrich to Hegseth: "I have deep concerns that the Trump Administration is bypassing due process for individuals who either intentionally or unintentionally enter this newly restricted area, including United States citizens who may be stopped and detained by U.S. Army soldiers for trespassing on an unmarked military base”

WASHINGTON — Today, U.S. Senator Martin Heinrich (D-N.M.), Ranking Member of the Senate Energy and Natural Resources Committee, sent a letter to U.S. Department of Defense (DoD) Secretary Pete Hegseth demanding answers on a number of significant questions that have arisen from the U.S. Department of the Interior’s transfer of approximately 109,651 acres of public land in Doña Ana, Luna, and Hidalgo Counties, New Mexico, to the U.S. Army.

Local residents along New Mexico’s southern border use these lands for hiking, mountain biking, hunting, camping, and experiencing New Mexico’s natural heritage, while ranchers depend on them for grazing access critical to their livelihoods. These lands also include the Continental Divide National Scenic Trail, NM State Highway 9, and significant acreage within New Mexico Game and Fish Hunt Units 25, 26, and 27. 

Crossing into a National Defense Area can lead to charges under Title 50 of the U.S. Code, which can carry penalties of up to one year in custody and fines up to $100,000. During a visit to the newly designated National Defense Area along New Mexico’s southern border with Secretary Hegseth, Acting U.S. Attorney for the District of New Mexico Ryan Ellison said, “Trespassers into the National Defense Area will be Federally prosecuted — no exceptions.”

The Trump Administration has thus far failed to install appropriate signage at the perimeters of the National Defense Area to clearly mark its boundaries.

“I have deep concerns that the Trump Administration is bypassing due process for individuals who either intentionally or unintentionally enter this newly restricted area, including United States citizens who may be stopped and detained by U.S. Army soldiers for trespassing on an unmarked military base,” Heinrich wrote to Secretary Hegseth.

“While I understand the Department’s stated interest in reducing migrant crossings at the border, this transfer raises a number of urgent questions,” Heinrich continued.

In the letter, Heinrich demanded Secretary Hegseth answer the following questions:

1. What is the current public access status of the lands under the NDA designation? Are these areas now closed to public entry, or are they still accessible to U.S. citizens or persons legally present in the United States?

2. If this area is not fully open to the public, will the Department install signage to clearly mark the boundaries of the NDA along the perimeter of every restricted area? For example, will signage be installed adjacent to NM State Highway 9, such that individuals can see the signage before entering the northern boundary of the NDA? Similarly, will signage be installed at the southern perimeter of the NDA such that individuals can see the signage before entering the NDA?

3. Are you enforcing trespassing on the NDA north of the Roosevelt Reservation? If not, why did the Administration withdraw the entire NDA?

4. Will you notify the public about any new public access restrictions on the NDA?

5. The NDA includes significant acreage within New Mexico Game and Fish Hunt Units 25, 26, and 27. Will hunting continue to be allowed within the NDA, and if so, under what additional regulations or conditions?

6. Are other recreational uses, including hiking, camping, and off-road vehicle use, still allowed within the NDA?

7. Can hikers on the Continental Divide National Scenic Trail access the southern terminus, which is located within the NDA?

8. Are there any grazing permits previously authorized in the affected area? If so, will ranchers retain access under the new designation?

9. How many private individuals or entities currently hold rights-of-way (ROW) or easements within the newly withdrawn boundary? Will they still have access to their ROWs?

10. How many mining claims are within the boundary of the NDA?

11. Can the New Mexico State Land Office access state land within the NDA? Can lease or permit holders on state land within the NDA continue to utilize those state trust lands pursuant to those leases or permits?

12. Does the NDA limit road access to any private property within the boundaries of the NDA? If so, how is the department providing access to those private property owners?

13. Are DOD personnel crossing private lands or using private roads to access DOD-managed land within in the NDA? If so, which properties? Are they doing so with the consent of those property owners? If military personnel are entering private land without permission of the landowner, under what authority are they accessing that private land?

14. It has been reported that at least 300 individuals have been detained within the NDA area since the designation. How many of these individuals were U.S. citizens or were legally present in the United States?

“The residents of southern New Mexico have longstanding relationships with these lands — whether as business owners, stewards, sportsmen, ranchers, or recreational users. As such, decisions that significantly alter their access or legal standing must be made transparently and with meaningful consultation. Further, it is of upmost importance that federal laws and the Constitution are upheld, ” Heinrich concluded the letter.

The full text of the letter is here.

For a list of Heinrich’s actions to keep public lands in public hands, click here.

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