Judge Gregory Worms of Rus Cruce has dismissed misdemeanor trespassing charges against nearly 100 undocumented individuals arrested in New Mexico’s newly designated defense zone. On Wednesday, a federal judge ruled in favor of these individuals, pointing to issues of probable cause as the basis for his decision.
According to reports from Breitbart Texas, new criminal charges began for undocumented migrants in New Mexico in May, stemming from U.S. laws aimed at protecting military facilities from unauthorized entry. Recently, President Trump designated part of the border area as a defense zone.
This designated area runs for 170 miles along the New Mexico-Mexico border, which Trump claims is “critical for maintaining U.S. sovereignty, territorial integrity, and security.” His orders have led to federal crimes being prosecuted under Title 50 of U.S. law, related to war and defense.
The new designation transforms illegal entry into a federal offense, in addition to violations under Title 8 of U.S. law, which deals with immigration issues.
Now treated as an extension of the U.S. Army’s Fort Huachuca in Arizona, the New Mexico corridor is under increased military patrols and surveillance. The U.S. military is authorized to detain individuals temporarily for federal law enforcement purposes and process them. Since the designation, the District of New Mexico’s U.S. Attorney’s Office has indicated that over 100 criminal cases have been filed under the Title 50 Act since early May.
Magistrate Worms was dismissed for not adequately proving that the federal government was aware that an undocumented individual would trespass onto designated military property.
Worms expressed doubts about whether the government had sufficiently warned individuals with signage. The defendant challenged several aspects, questioning the wording, size, and visibility of the sign, lights, and whether the government had adequately informed about the area.
Although the charges related to illegal entry into the defense zone have been dropped, the defendant remains in federal custody for illegally entering the United States.
Unlike lifetime U.S. district judges, U.S. magistrate judges serve fixed eight-year terms.
