NSPM-4 DoD authority to take control of Fed'l lands

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https://crooksandliars.com/2025/04/trum ... ree-states

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Alt:
"The White House recently issued National Security Presidential Memorandum 4 (NSPM-4), which significantly expands the U.S. military’s involvement in border enforcement along the southern border. While it may appear to be a straightforward national security move, the details raise serious concerns about threats to public lands and civil liberties.
NSPM-4 gives the Department of Defense the authority to take control of federal lands to carry out military operations aimed at “repelling invasions” and “sealing the border.” This includes lands managed by the Department of the Interior and the Department of Agriculture—such as national wildlife refuges, national forests, and other public lands. Indian reservations are excluded, but there are no other geographic limits specified.
The memorandum also gives the Secretary of the Interior the power to override existing legal protections—including those under the Engle Act—allowing emergency withdrawal and restriction of public land use for military purposes without the usual legal oversight.
Why This Matters
- The military can designate these areas as National Defense Areas, closing off public access—possibly for years, or even indefinitely.
- Military personnel are authorized to exclude individuals from these areas and operate under rules of engagement set by the Secretary of Defense. While the memo says actions must comply with the law, it provides little in the way of oversight or accountability.
- Most troubling is the precedent this sets: using “national security” to override environmental protections and civilian control of public lands. Once this power is established, it could easily be applied elsewhere under the broad label of a “national emergency.”
Bottom Line
Can Trump legally do this?
Maybe—but it’s highly contested. He’s using fringe legal interpretations and emergency powers that stretch existing laws to their limit. Any actual deployment or land seizure under NSPM-4 would almost certainly trigger legal challenges and court battles over civil rights, federalism, and environmental law.
You can read the full memo on the White House website under the title: “Military Mission for Sealing the Southern Border of the United States and Repelling Invasions.”