A federal judge in New Mexico has dismissed illegal trespassing charges against dozens of migrants apprehended in a newly established military zone along the U.S.-Mexico border, marking a setback for the Trump administration’s efforts to increase penalties for unauthorized border crossings.
Chief U.S. District Judge Gregory Wormuth ruled on Wednesday evening to dismiss the charges, citing that the migrants were not aware they were entering a restricted military area in New Mexico. As a result, the government could not proceed with trespassing allegations.
According to defense attorneys and court documents, the migrants still face charges related to illegal entry into the United States. Federal public defender Amanda Skinner stated that Judge Wormuth found no probable cause to support the trespassing claims.
The new military zone, known as the New Mexico Defense Zone, was established in April 2025, covering approximately 180 miles (290 kilometers) of border territory. It authorizes U.S. military personnel to detain migrants crossing into this area from Mexico. Texas followed suit by creating a similar buffer zone.
Defense Secretary Pete Hegseth announced via social media that the military plans to expand these zones to achieve “100% operational control” of the border. Over 100 migrants have been charged with illegal entry and trespassing in these military zones across New Mexico and Texas, potentially facing combined sentences of up to ten years in prison.
However, Judge Wormuth challenged the New Mexico trespassing allegations and ordered the prosecution to provide evidence by May 1 demonstrating that the migrants knowingly entered a military zone illegally. Defense lawyers argued that the posted warning signs were insufficient to inform migrants that their actions constituted a crime, a position the judge supported.
In his dismissal order, Wormuth wrote, “The criminal prosecution failed to provide reasonable cause to believe the defendants knew they were entering a military area.”
The Department of Defense did not immediately respond to requests for comment.
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