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Federal Judge Dismisses Trespassing Charges Against 98 Migrants in New Mexico Military Buffer Zone

In a major legal decision impacting immigration enforcement at the U.S.-Mexico border, a federal judge has dismissed trespassing charges against 98 undocumented migrants who were arrested for allegedly entering a newly established military buffer zone in New Mexico. The court ruled that there was insufficient evidence proving the individuals knew they were entering the restricted area known as the New Mexico National Defense Area (NMNDA), which the Trump administration designated as an extension of Arizona’s Fort Huachuca Army base.

A U.S. magistrate judge has dismissed trespassing charges brought against 98 undocumented migrants who were arrested for allegedly entering a restricted military buffer zone along the Southwest border. The New Mexico National Defense Area (NMNDA), created by the Trump administration, spans 170 miles of public land and is designated as part of the Fort Huachuca Army base in neighboring Arizona.

U.S. Magistrate Judge Gregory B. Wormuth issued 98 separate rulings, each dismissing charges against the defendants on the basis that the government had failed to prove the migrants were aware they had entered the restricted military zone.

Judge: No Probable Cause Due to Lack of Signage Awareness

The criminal complaints claimed that signage in both English and Spanish had been posted to notify individuals of the restricted area. However, Judge Wormuth found that due to the difficult terrain and lack of direct evidence, it could not be reasonably concluded that the migrants had seen or understood the warning signs.

"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," the judge wrote in a 16-page opinion. This language was echoed in each of the 98 rulings, making the decision consistent across all cases.

As a result, the court ruled that the complaints did not establish probable cause for the two misdemeanor charges of violating a security regulation and unlawfully entering military property. A third misdemeanor charge of illegal entry into the U.S. remains for the individuals.

Background on the National Defense Areas

The Trump administration created the National Defense Areas through a presidential memo aimed at increasing national security and border protection. These zones — including one in New Mexico and another recently established zone across 50–60 miles of public land in Texas — were created under the pretext of sealing the southern border and preventing unlawful entry.

These military buffer zones are generally 60 feet deep into U.S. territory but may extend further depending on the terrain. Under the policy, military personnel can temporarily detain individuals found in the area until local or federal law enforcement can take over custody.

Maj. Geoffrey Carmichael, spokesperson for Joint Task Force Southern Border, stated that military units had identified over 150 unauthorized individuals in the restricted areas. However, military forces have not directly apprehended or detained any of them. Instead, they’ve assisted U.S. Border Patrol during joint patrols or by reporting local activity.

Legal and Political Implications

While the charges were dropped due to lack of probable cause, the judge’s ruling does not bar federal prosecutors from refiling the cases with stronger evidence. Each trespassing charge carried a potential sentence of up to one year in prison.

Legal experts have noted that the ruling highlights constitutional due process concerns, especially regarding whether migrants can be held accountable for crossing invisible or inadequately marked boundaries in remote areas.

This legal setback could influence future enforcement efforts and may challenge the scope of military involvement in border security, especially when it intersects with civilian and constitutional rights.

Migrants Still Face Illegal Entry Charges

Although the trespassing charges have been dropped, all 98 migrants still face the standard federal charge of illegal entry into the United States — a separate misdemeanor. These cases will proceed through the usual immigration court system, and outcomes may vary depending on the individual circumstances.

The ruling does not invalidate the existence of the National Defense Areas but sets a legal precedent requiring the government to provide concrete evidence of awareness and intent when filing criminal charges for trespassing.

Trump Administration's Border Strategy

The establishment of National Defense Areas is part of former President Donald Trump’s broader strategy to militarize the U.S. southern border. The presidential memo outlining the policy described it as a “military mission for sealing the Southern border of the United States and repelling invaders.”

Critics of the policy argue that it overextends military authority into civilian immigration enforcement, raising constitutional red flags. Supporters, on the other hand, claim that such measures are necessary for national security and to deter unlawful border crossings.

The dismissal of trespassing charges against 98 undocumented migrants in New Mexico underscores the legal complexities and enforcement challenges at the U.S.-Mexico border. As military zones become part of immigration enforcement policy, federal authorities will need to ensure that signage, public awareness, and legal procedures align with constitutional standards. For now, the New Mexico National Defense Area remains in effect, but the legal system has made clear that enforcement must be backed by solid evidence — especially when freedom and legal consequences are at stake.

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