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Judge Dismisses Migrant Trespassing Charges at New Mexico Military Zone

Federal judge rules lack of notice invalidates Trump administration's military trespassing prosecutions as migrants still face illegal entry charges.

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

  • U.S. Magistrate Judge Gregory Wormuth dismissed trespassing charges against 98 migrants detained in the New Mexico National Defense Area, citing lack of evidence they knew they entered a restricted military zone.
  • The migrants, arrested under a Trump administration policy, still face misdemeanor charges for illegal border crossings.
  • Defense attorneys successfully argued that inadequate signage in the military zone failed to provide proper notice to migrants, a position the judge upheld.
  • The New Mexico National Defense Area, declared by President Trump in April 2025, spans 180 miles of the U.S.–Mexico border and allows military detentions of migrants.
  • Federal prosecutors may appeal or refile the trespassing charges with additional evidence, while the administration plans to expand military zones along the border.