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Federal Judge Dismisses Trespassing Charges Against Migrants in New Mexico Military Zone

Judge Gregory Wormuth ruled the government failed to prove migrants knew they were entering a restricted defense area, undermining a key Trump administration enforcement effort.

FILE - Army soldiers look at the border wall next to a surveillance vehicle during the visit to the U.S. and Mexico border by Defense Secretary Pete Hegseth in Sunland Park, N.M., Monday, Feb. 3, 2025. (AP Photo/Andres Leighton, File)
A Texas National Guard soldier stands near the wall on the border between Mexico and U.S. during a sandstorm, as seen from Ciudad Juarez, Mexico March 6, 2025. REUTERS/Jose Luis Gonzalez/File Photo
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Overview

  • Chief U.S. Magistrate Judge Gregory Wormuth dismissed trespassing charges against 98 migrants arrested in the New Mexico National Defense Area, citing lack of evidence they knew the area was restricted.
  • The migrants still face misdemeanor illegal-entry charges and are likely to be deported, with federal prosecutors considering appeals or refiling the trespassing cases.
  • The New Mexico National Defense Area, a 180-mile buffer zone declared by President Trump in April, allows military personnel to detain migrants and transfer them to law enforcement.
  • Defense attorneys argued inadequate signage and challenging terrain left migrants unaware they were entering a restricted military zone, a position the judge agreed with.
  • The Pentagon plans to expand National Defense Areas along the U.S.-Mexico border, with Defense Secretary Pete Hegseth aiming for '100% operational control' of the border.