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Border surveillance along the Mexico line grew significantly this year, and two recent news items show it clearly. Hundreds of towers with artificial-intelligence cameras are already operating, and the Pentagon authorized testing of a military heat device. It is worth understanding each one calmly and with facts.
An investigation by The New York Times, published on October 22, 2026, documented towers with artificial-intelligence cameras along the southern border.
According to that analysis, more than one million people live in areas those towers can observe, on both the U.S. and the Mexican side.
The report also notes that at least four million more people live within range of older cameras slated to be upgraded with artificial intelligence.
More than one billion dollars was allocated for roughly 1,500 new towers, with plans to extend them to the Canadian border, coastal areas and Puerto Rico.
Separately, the Pentagon authorized the Department of Homeland Security to test the Active Denial System, a device that emits millimeter waves and produces an intense heating sensation.
The authorization is to evaluate and test, not a decision to use it. As of this publication there is no confirmed date for operational use at the border.
According to the official fact sheet of the non-lethal weapons program, the wave penetrates about 1/64 of an inch into the skin, and the effect stops when the person leaves the beam.
Important: neither of these two news items by itself changes the rights a person has before an immigration officer.
Fixed structures with cameras and sensors that operate day and night. According to the reporting, the system does not only record. It also analyzes the images automatically to detect people and vehicles, track their movements and send alerts to agents.
The difference from an ordinary camera matters. A traditional camera needs someone watching the screen. By contrast, an artificial-intelligence system reviews the footage on its own and flags what it considers relevant. Therefore, it can cover far more territory with the same staff.
In addition, these towers work at night. That is, they do not depend on daylight the way an ordinary camera does. For that reason they widen the reach of observation over nearby communities.
Farther than many people imagine. According to the cited analysis, the current towers reach areas where more than a million people live. In addition, the plan contemplates covering the entire border with Mexico.
Likewise, the report indicates the project would extend to other regions of the country. That is, it is not only about the south.
That said, one point is often confused. The fact that a camera can observe an area does not mean everything happening there is being reviewed. However, the documented reach explains why many border communities have raised privacy concerns.
It is called the Active Denial System, a military directed-energy device. It emits millimeter waves that cause a burning sensation on the skin, so that the person moves out of the beam.
According to the official fact sheet of the joint non-lethal weapons program, the wave penetrates about 1/64 of an inch, roughly the thickness of three sheets of paper. In addition, that same source states the effect stops immediately when the person leaves the beam or the operator shuts the system off.
Type of technology: radio-frequency millimeter waves.
Skin penetration: about 1/64 of an inch.
Effect described: an intolerable heating sensation prompting the person to move away.
Duration of the effect: stops on leaving the beam or on shutdown.
Testing conducted: more than 15,000 exposures of volunteers.
Reported injury risk: less than one-tenth of one percent.
Source: fact sheet of the Department of Defense joint non-lethal weapons program, updated May 11, 2020. Verified on October 30, 2026.
Be careful with circulating claims. The Pentagon authorization allows testing and evaluation of the equipment for a limited period. It is not equivalent to a decision to deploy it, and organizations and specialists have raised questions about possible injuries and about its use near civilians.
No. And this is the most important point in the whole article. The technology an agency uses does not modify constitutional protections or the rules governing how officers may act.
Specifically, the Fourth Amendment protects against unreasonable searches and seizures. That protection reaches every person in the United States, regardless of immigration status.
Therefore, a recording does not replace a judicial warrant where one is required. Nor does it eliminate the right to remain silent or the right to ask to speak with an attorney.
It is worth underscoring this point, because a lot of confusion circulates. That is, more technology does not mean fewer rights. In fact, the rules on how an officer must act are the same as before the first tower was installed.
It is a legal concept worth knowing, because it explains where certain officers may act without a judicial warrant in specific circumstances. The federal regulation defines "reasonable distance" as 100 air miles from any external boundary of the United States.
Within that band, the law grants immigration officers specific patrol authority. However, that authority has clear limits. For example, federal law expressly excludes dwellings from the power to enter without a warrant.
It is important to understand that living inside that band does not reduce your rights. By contrast, it is worth knowing them well, because many large cities fall within it.
For example, the 100-air-mile zone reaches densely populated areas of several coastal and border states. Therefore, millions of people live inside it without knowing. It is worth being informed even if you do not live near the dividing line.
A real change in daily life, according to the reporting itself. Residents of towns near the towers have expressed discomfort at feeling watched during ordinary activities.
On the other hand, authorities maintain this technology aims to detect irregular crossings and protect agents. We take no political position: we present both descriptions as they appear in the sources.
Likewise, the privacy debate is not exclusive to immigrant communities. That is, it reaches citizens and residents of those same areas equally. For that reason public discussion has grown.
What is appropriate to say, as a law firm, is this. The best response to a more watched environment is not fear, but information. It is important that you know your rights before you need them.
We recommend four simple, concrete things. First, know what you may say to an officer. You have the right to remain silent and to ask to speak with an attorney.
Second, keep your immigration documents organized and at hand, with copies stored somewhere safe. Third, if you have an open case, keep your address current with the relevant authorities.
And fourth, avoid relying on alarming videos or messages circulating on social media. In fact, misinformation usually does more damage than the news itself.
You can review the details in our guides on what to do during an immigration arrest and how to prepare for ICE detention.
By reviewing your specific case, which is the only way to give a useful answer. Every immigration situation is different, and what applies to one person may not apply to another.
At our firm, that review takes place in a consultation with attorney Jesús Reyes. Our consultations are not free. However, they allow a thorough look at your file and an honest explanation of the legal alternatives available. We also offer emergency consultations, which are scheduled sooner and cost more. You can schedule your consultation here.
It is also worth knowing about our asylum and protection and immigration court representation services.
The reporting documents the visual reach of the towers over populated areas. That said, federal law expressly excludes dwellings from the power to enter without a warrant. In addition, the Fourth Amendment protects the home.
Not according to available information. The authorization allows testing and evaluation, and as of this publication there is no confirmed date for operational use.
No. The 100-air-mile band defines where certain officers have patrol authority, but it does not eliminate your constitutional protections.
You have the right to remain silent and to ask to speak with an attorney. For that reason we recommend knowing in advance what to say and what not to say.
Not directly. They are border-control measures and do not change the requirements of your application. However, it is worth reviewing your case with an attorney if you have doubts.
In the sources we link at the end: the official non-lethal weapons fact sheet, the federal regulation and the reporting cited.
The border is more watched than before, and that is a documented fact. Even so, it is worth separating the fact from the alarm. Border surveillance changes how authorities detect movement. However, it does not change the Constitution or the rights it recognizes.
Therefore, what helps today is preparing calmly. In fact, an informed person, with documents in order and legal guidance, stands in a better position than a frightened one. It is important that you not make immigration decisions based on rumors.
If you need guidance on your specific situation, contact us. We handle cases worldwide from our office in Miami, Florida. We are here to advise you and review your case.
See also our frequently asked questions and the rest of the updates on our blog.
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* The information in this publication IS NOT LEGAL ADVICE for a specific case. Every case is different, and consulting an immigration attorney is recommended. If you need legal assistance with your case, we recommend scheduling a consultation with our firm.

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