Dozens of immigrants who crossed into the U.S. via a newly established military-controlled zone along the U.S.-Mexico border have seen their trespassing charges dropped.
Chief U.S. Magistrate Judge Gregory Wormuth began processing the dismissals late on Wednesday, determining that the immigrants were unaware they were entering the military zone—referred to as the New Mexico National Defense Area (NMNDA)—and hence could not be held accountable, according to court documents.
Wormuth ruled that the federal government failed to demonstrate probable cause that the immigrants knew they were entering the zone.
The government had claimed in a criminal complaint that the military had installed signs in the zones indicating in both English and Spanish that it was a restricted area and that unauthorized entry was prohibited.
Last month, Secretary of the Interior Doug Burgum visited New Mexico to announce that the Army was taking control of the federal land as part of the Trump administration’s efforts to curb illegal immigration and trafficking.
The 109,651 acres of federal land was transferred to the Army for three years, subject to valid existing rights.
U.S. soldiers pictured at the southern border in New Mexico last week. (Can Hasasu/Anadolu via Getty Images)
The switch in jurisdiction allows the government to protect sensitive natural and cultural resources in the region, while helping the Army support U.S. Border Patrol operations in securing the border and preventing illegal immigration, according to the Department of the Interior.
In March, the Defense Department authorized the military to patrol the southern border to provide “enhanced detection and monitoring” to support U.S. Customs and Border Protection.
Fox News Digital emailed and called a Department of Justice attorney involved in the case for comment.
Fox News’ Louis Casiano and Reuters contributed to this report.
