Federal Judge Dismissed 98 Trespassing Charges in National Defense Area of New Mexico

A White House memo gives military control over huge sections of US-Mexico borderlands in New Mexico and Texas but a judge has ruled that 98 accused trespassers will not face charges for entering this zone as reported by KALHRadio.org and NewMexicoConservativeNews.com.

The federal magistrate judge located in Las Cruces, New Mexico, has dismissed trespassing charges against 98 people who were arrested along the Southwest border for entering the newly created National Defense Area where other arrests in New Mexico hsve been reported.  The Trump administration considers an extension of an Arizona military base along the border as a thin swath of land a militarized zone under the control of the military. 

U.S. Magistrate Judge Gregory B. Wormuth ruled Wednesday, in 98 separate filings, that the federal government had failed to demonstrate that the individuals, who were undocumented migrants, knew they were entering the New Mexico National Defense Area that stretches along 170 miles of public land in New Mexico and is considered a part of the Fort Huachuca Army base in Arizona.

According to the original criminal complaint, the military had posted signs in the zones stating in both English and Spanish that it was a restricted area and that unauthorized entry is prohibited.

However, the judge said there was no evidence, given the often difficult and mountainous terrain, that the defendants had actually seen the signs.

"Beyond the reference to signage, the United States provides no facts from which one could reasonably conclude that the Defendant knew he was entering the NMNDA (New Mexico National Defense Area)," the judge wrote in a 16-page ruling dismissing the case against one of the 98 people charged. "Consequently, the Criminal Complaint fails to establish probable cause to believe that Defendant knew he/she was entering the NMNDA."

Under the Trump administration's policies, military personnel are allowed to temporarily detain anyone who enters the marked area, which is considered to be a military base. Those detainees can then be turned over to local law enforcement.

Maj. Geoffrey Carmichael, a spokesman for Joint Task Force Southern Border, said military personnel have, so far, detected over 150 "unauthorized trespassers" within both National Defense Areas while "either working alongside U.S. Border Patrol agents during joint patrols or operating in the local area," which then allowed those agents to carry out their law enforcement duties

"The U.S. military has not detained or apprehended any trespassers but is leaving that to border patrol", replied another spokesman when asked about the military role in enforcement in questioning by NewMexicoConservativeNews.com. 

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