Background on the Case
In a significant development, a US federal judge in New Mexico has dismissed charges of trespassing against dozens of migrants apprehended in a newly established military zone along the US-Mexico border. This decision poses a setback to the Trump administration’s efforts to impose harsher penalties for illegal crossings.
Judge Gregory Wormuth’s Decision
Judge Gregory Wormuth, a federal magistrate, began presenting his rulings late on Wednesday. He determined that the migrants were unaware they were entering a military zone in New Mexico and, therefore, could not be charged. According to court documents and a defense attorney, this decision stems from the fact that migrants lacked knowledge of entering a restricted military area.
Amanda Skinner, Federal Public Defender
Amanda Skinner, the federal public defender, confirmed that Wormuth dismissed trespassing charges against all migrants who initially appeared in court on Thursday. However, the migrants still face charges for illegally crossing the border.
“The judge found no probable cause,” Skinner stated in an email.
Ryan Ellison, US Attorney for New Mexico
Ryan Ellison, the US attorney for New Mexico, who initially filed charges against the immigrants on April 28, did not respond immediately to a request for comment.
The New Mexico National Defense Area
Established in April, the “New Mexico National Defense Area” spans 290 kilometers of border, authorizing the US military to detain migrants entering from Mexico without authorization.
This month, a second security zone was set up in Texas. Defense Secretary Pete Hegseth announced on social media that the military would continue expanding these zones to achieve “100% operational control” of the border.
Charges and Potential Penalties
US prosecutors accused over 100 immigrants of illegally crossing the border and entering the military zones in New Mexico and Texas without permission. The combined potential penalties amounted to up to 10 years in prison, according to Hegseth.
Judge Wormuth’s Opposition to Charges
On May 1, Wormuth opposed the charges against immigrants in New Mexico, ordering Ellison to present evidence that the migrants were aware of illegally entering the military zone.
Defense attorneys argued that warning signs in the zone were insufficient to inform migrants that they were committing a crime, a stance with which Wormuth agreed.
Key Questions and Answers
- Who is Judge Gregory Wormuth? Judge Gregory Wormuth is a federal magistrate judge in New Mexico who recently dismissed trespassing charges against migrants apprehended in a military zone along the US-Mexico border.
- What is the New Mexico National Defense Area? The New Mexico National Defense Area is a 290-kilometer stretch of border where the US military has been authorized to detain migrants entering from Mexico without authorization.
- Why were the charges dismissed? Judge Wormuth dismissed the charges because migrants were not aware they were entering a military zone, and thus could not be held accountable for trespassing.
- What are the potential penalties for crossing into military zones? Immigrants facing charges for entering the New Mexico and Texas military zones without permission could potentially serve up to 10 years in prison.
