A federal judge has ordered the dismissal of criminal trespassing charges against dozens of migrants accused of entering military property along the southern border of New Mexico. U.S. Magistrate Judge Gregory B. Wormuth determined that there was no probable cause to believe the migrants were aware they were trespassing in a military zone designated by the Trump administration.
On Thursday, Judge Wormuth dismissed trespassing charges against 22 migrants who had their initial court appearances but noted they still face charges for illegal entry. So far, over 100 trespassing charges against migrants have been dropped, indicating a significant shift in legal proceedings regarding these cases.
Wormuth emphasized that to be guilty of trespassing, defendants must knowingly enter military property. He reasoned that penalizing someone for trespassing without knowledge of entering restricted military land would lead to unfair consequences. He pointed out the absurdity of charging someone who steps unknowingly onto military grounds despite being prohibited from entering a base.
The Pentagon has refrained from commenting and directed inquiries to the Department of Homeland Security and the Justice Department. Amanda Skinner, an assistant federal public defender, supported the judge’s decision, asserting that it was the correct outcome based on legal interpretation.
This ruling follows a recent move by the Defense Department, which classified a 60-foot-wide border area in New Mexico and parts of West Texas as “national defense areas.” This classification allowed U.S. forces to detain migrants and charge them with trespassing. More than 200 migrants faced charges for unauthorized entry into the U.S. and military areas, with some encountering additional charges.
Judge Wormuth had earlier requested clarification from government lawyers regarding the legal standards for trespassing on military property. He highlighted that for a conviction, it must be shown that the defendant was aware that they were entering military-controlled land.
The government had placed 199 signs in English and Spanish along the southern border, warning against unauthorized entry. However, defense attorneys argue that many migrants may not have seen the signs or understood them due to language barriers, as many come from Spanish-speaking countries, Turkey, and Pakistan.
This situation raises questions about how effectively the signs convey critical legal information and whether migrants are indeed aware of the gravity of their actions. The dismissal of these charges could pave the way for a reconsideration of how laws are applied to vulnerable populations in complex border situations. It is a reminder of the need for clear communication and understanding in law enforcement, especially involving individuals navigating challenging circumstances.