Pentagon Heat Ray Approved for US-Mexico Border Use
The US military's Active Denial System — a directed-energy weapon that causes a burning sensation on the skin — has been authorized for potential use at the US-Mexico border. Defense Secretary Pete Hegseth signed a memo loaning the device to the Department of Homeland Security starting in September 2026. For asylum seekers and migrants approaching the southern border, this marks a significant escalation in the technology the US government may deploy.
What if a military weapon that causes a burning sensation on your skin is now authorized for use at the border you plan to cross? That is no longer hypothetical. Defense Secretary Pete Hegseth signed a memo authorizing a temporary loan of the Active Denial System — a military-grade directed-energy device — to the Department of Homeland Security for use at the US-Mexico border. The loan began in September and runs for seven months, with the option for DHS to request further use.
What is the Active Denial System?
The Active Denial System fires an invisible beam of 95 gigahertz millimeter waves that penetrate roughly 1/64th of an inch into the skin. The result is a burning sensation that Pentagon officials have compared to opening a hot oven door. The feeling is temporary, lasting between 10 and 15 minutes. A 2009 National Defense University case study described the sensation as creating "an intolerable sensation and reflexive movement" — such as ducking or running away. The Marine Corps declared the system compliant with US international legal obligations in 2012.
Immigration Policy Checklist — Free
DACA, TPS, Executive Orders: what to monitor
The US military brought the system to Afghanistan nearly 20 years ago but returned it without ever using it, the Washington Post reported. Customs and Border Protection officials previously considered deploying it in high-crossing areas or for crowd dispersal, but it was never used. During the first Trump administration, officials sought to use it in 2018 to stop migrants at the border and again in 2020 to control protests in Washington DC following the killing of George Floyd. Under the new memo, seen by CNN, DHS — not the Pentagon — is solely responsible for how the system is used. No Department of Defense personnel are authorized to operate it.
A CBP spokesperson said the agency is "continually evaluating new technology, especially technology that can save lives while simultaneously enhancing national security effectiveness." It remains unclear exactly how or where DHS plans to deploy the system. The Pentagon referred questions to DHS, which shared only the CBP statement.
What to do
- If you are an asylum seeker planning to present yourself at a US port of entry, contact an immigration lawyer before traveling. Lawyers recommend understanding your legal right to request asylum at an official port of entry — that right has not changed, but border conditions are shifting rapidly.
- If you are already in the US and in removal proceedings, focus on your immigration court hearing dates and consult an attorney about your options. Border enforcement changes do not affect pending cases directly, but the broader enforcement climate matters.
- Follow official USCIS and DHS announcements for updates on how this system may be deployed. No specific locations or procedures have been made public yet.
- If you have family members attempting to cross the border, advise them to use official ports of entry and to clearly state their intention to seek asylum to CBP officers upon arrival.
Fishkin Law Firm, New York
The authorization of a military crowd-control weapon at the border does not eliminate the legal right to seek asylum — anyone who reaches US soil or a port of entry can still make that claim under US and international law. However, the practical environment at the border is becoming more hostile, and anyone planning to present themselves should do so at an official crossing with documentation of their fear of persecution ready. I strongly recommend consulting an immigration attorney before making any border crossing decisions in this climate.
Frequently Asked Questions
Does this heat ray weapon mean I can no longer seek asylum at the US-Mexico border?
No. Your legal right to request asylum at a US port of entry has not changed. US law and international obligations still require CBP to process asylum claims made at the border. However, the enforcement environment is shifting, and lawyers recommend presenting yourself at an official port of entry rather than crossing between ports.
Is the Active Denial System lethal?
No. The system is classified as non-lethal. It produces a temporary burning sensation lasting 10 to 15 minutes. The Marine Corps declared it compliant with US international legal obligations in 2012. That said, its use on civilians, including asylum seekers, raises serious human rights questions that advocacy groups are already raising.
Who controls the system at the border — the military or DHS?
DHS controls it entirely. The memo signed by Defense Secretary Hegseth states that no Department of Defense personnel are authorized to operate the system. DHS is solely responsible for how it is used, including tactics and procedures.
Has this weapon ever been used on migrants or protesters before?
No. Despite being considered during the first Trump administration in 2018 for border use and in 2020 for protest control in Washington DC, it was never deployed in either case. The US military also brought it to Afghanistan but returned it without using it.