Federal Judge Dismisses Trespassing Charges Against Migrants in New Mexico

LAS CRUCES, New Mexico — A federal magistrate judge has dismissed trespassing charges against 98 undocumented migrants arrested for entering a newly created military buffer zone along the U.S.-Mexico border. The ruling came from U.S. Magistrate Judge Gregory B. Wormuth on Wednesday, following separate filings for each case.

The migrants were charged with illegally entering the New Mexico National Defense Area, which the Trump administration designated as an extension of the Fort Huachuca Army base in Arizona. The zone stretches along 170 miles of public land in New Mexico and extends approximately 60 feet deep into U.S. territory.

Judge Wormuth determined that the government could not prove that the individuals were aware they were entering the restricted area. “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),” he stated in a 16-page ruling.

The military had posted signs in both English and Spanish warning of the restricted areas; however, Judge Wormuth noted the challenging terrain may have obstructed the migrants from seeing them. The judge dismissed the two misdemeanor charges against the migrants, which included violation of a security regulation and unlawful entry onto military property.

Despite this dismissal, the individuals still face a third charge of entering the U.S. illegally, which remains unresolved as they await more legal developments. Wormuth’s ruling allows the government the option to refile the trespassing charges, which could carry a potential one-year sentence.

Military officials reported that over 150 unauthorized individuals have been detected within the National Defense Areas while collaborating with U.S. Border Patrol agents. However, no detentions of trespassers have occurred yet.

A spokesperson for the U.S. Attorney’s Office for New Mexico remarked that they respect the judge’s decisions. Amanda Skinner, a federal public defender representing some of the dismissed migrants, stated that the ruling was “the right result under the law.”

Amid ongoing legal and procedural developments, it remains unclear where the dismissed migrants are being held. All three immigration detention centers in New Mexico are currently reported as full, according to an immigration attorney.