Federal Magistrate Dismisses Trespassing Charges Against 98 Arrested in New Military Zone

Dozens of immigrants who crossed into the United States through a recently designated military-controlled section of the U.S.-Mexico border have had trespassing charges against them dropped by a federal judge.

Chief U.S. Magistrate Judge Gregory Wormuth began dismissing the cases late Wednesday, determining that the government had not proven the defendants were aware they were entering the restricted New Mexico National Defense Area (NMNDA). The federal government’s case rested on the presence of warning signs posted in both English and Spanish at the border military zone. However, Judge Wormuth found that the difficult terrain and circumstances made it unlikely that those crossing would have seen these signs, undermining the prosecution’s assertion of probable cause.

"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," wrote Wormuth in his 16-page ruling.

The judge’s decision represents a setback for recent federal efforts to crack down on illegal border crossings, specifically within areas placed under military control. The dismissed cases had involved two misdemeanor charges per defendant: violation of a security regulation and entering military property for an unlawful purpose. A separate charge of illegal entry into the U.S. remains pending.

Key details about the NMNDA:

• Established in April along 180 miles of the southern New Mexico border
• 109,651 acres of federal land transferred to U.S. Army control for three years
• Army personnel authorized to detain unauthorized entrants

Since the NMNDA’s establishment, authorities have charged at least 339 migrants with trespassing on military land. The Trump administration has emphasized the military’s role in border enforcement, transferring control of portions of federal land to support U.S. Border Patrol operations and enhance detection and monitoring capabilities. In March, the Department of Defense formally authorized regular patrols of the region by military personnel.

According to the Department of the Interior, the move also aims to safeguard sensitive environmental and cultural resources while bolstering immigration enforcement. Last month, Secretary of the Interior Doug Burgum traveled to New Mexico to hightlight the federal government’s new strategy and increased military involvement at the border.

Magistrate Judge Wormuth, who has served since 2009, is appointed by district court judges rather than the president. The court’s decision could have broader implications for future prosecutions involving restricted military zones, particularly where evidence of intentional trespass is lacking.

As of Thursday, requests for comment from Department of Justice attorneys involved in these cases had not been returned.