Federal Judge Dismisses Trespassing Charges Against Migrants Who Walked Into New Military Zone At The Border

A federal judge in New Mexico has dismissed trespassing charges against nearly 100 migrants who were arrested for entering a newly declared military zone along the U.S.-Mexico border, ruling that the government failed to demonstrate the migrants knew they were entering restricted land.

"The United States provides no facts from which one could reasonably conclude that the Defendant knew he was entering the military zone," ruled Chief U.S. Magistrate Judge Gregory B. Wormuth.

The charges stem from a Trump administration initiative that designated a 180-mile stretch along New Mexico's southern border as a "national defense area" in April. U.S. Army troops were authorized to detain individuals entering the area from Mexico as a way to involve them in immigration enforcement operations. A second defense zone was established in Texas earlier this month.

Federal prosecutors had charged migrants with both illegal entry and trespassing under military restrictions, offenses that carried combined penalties of up to ten years in prison, according to Defense Secretary Pete Hegseth. "Let me be clear: if you cross into the National Defense Area, you will be charged to the FULLEST extent of the law," Hegseth said in a social media post last week. "Just ask the 100 illegal aliens that have been charged so far."

But Judge Wormuth found that migrants lacked notice, The New York Times reports, as Defense attorneys argued that warning signs were inadequate or not yet installed when many migrants crossed. Others crossed between signs, in darkness, or were unable to understand the warnings. "It's just a bunch of desert," said Carlos Ibarra, a defense attorney. "They're just coming over the same as usual, and all of a sudden, it's military charges. Nobody knows what's going on."

Migrants still face misdemeanor charges of illegal entry and remain in federal custody. Prosecutors may appeal the dismissals or refile charges with additional evidence.

The Department of Defense stated its role ends where Border Patrol's law enforcement authority begins. "Adjudication is the responsibility of the Department of Justice," said Maj. Geoffrey A. Carmichael of Joint Task Force Southern Border.