Judge Rules Lack of Evidence of Knowledge of Restricted Area

A federal magistrate judge has dismissed trespassing charges against 98 individuals who were apprehended along the Southwest border. These individuals were accused of entering the newly established National Defense Area in New Mexico, an area the previous administration designated as an extension of an Arizona military base.

U.S.Magistrate Judge Gregory B. Wormuth issued rulings in 98 separate filings on Wednesday, stating that the federal government failed to adequately prove that the undocumented migrants were aware thay were entering the New Mexico National Defense Area. This zone spans 170 miles of public land in New Mexico and is considered an extension of Fort Huachuca Army base in Arizona.

Expansion of Border Security Zones

The establishment of these zones reflects a broader strategy to enhance border security. A similar zone,encompassing 50-60 miles of public land,was recently established in Texas.

the New Mexico zone extends approximately 60 feet into U.S. territory, though its depth varies due to the terrain.

Defense’s Argument: Lack of Awareness

While the original criminal complaint stated that the military had erected signs in both English and Spanish indicating the restricted nature of the area, Judge Wormuth emphasized the absence of concrete evidence that the defendants had actually seen these signs, especially given the challenging, mountainous landscape.

Beyond the reference to signage, the United States provides no facts from which one could reasonably conclude that the Defendant knew he was entering the NMNDA (New Mexico National Defense Area).

U.S. Magistrate Judge Gregory B. Wormuth

In a 16-page ruling dismissing the case against one of the 98 individuals, the judge elaborated, Consequently, the Criminal Complaint fails to establish probable cause to believe that Defendant knew he/she was entering the NMNDA.

Remaining Charges and Potential Refiling

The judge’s decision specifically dismisses two misdemeanor charges: violation of a security regulation and entering military property for an unlawful purpose. However, a third misdemeanor charge, entering the U.S. illegally,remains in place.

The language used in the judge’s decision was consistent across all 98 individual filings. Federal prosecutors retain the option to refile the trespassing charges, which carry a potential sentence of one year.

Background: Trump Administration’s Policy

The “National Defense Areas” were initially announced by President Donald Trump last month in a presidential memo. This memo outlined what he described as the military mission for sealing the Southern border of the United States and repelling invaders.

Under the previous administration’s policies, military personnel were authorized to temporarily detain individuals entering the designated area, which was treated as a military base. These detainees could then be handed over to local law enforcement.

Military’s Role in Border Security

Maj. geoffrey Carmichael, a spokesman for Joint task Force Southern Border, stated that military personnel have detected over 150 unauthorized trespassers within both National Defense Areas. These detections occurred while military personnel were either working alongside U.S. Border Patrol agents during joint patrols or operating in the local area, enabling the agents to perform their law enforcement duties. He clarified that the U.S. military has not directly detained or apprehended any trespassers.