Federal Magistrate Drops Charges Against 100 Aliens Trespassing in New Mexico Military Zone

U.S. Chief Magistrate Judge Gregory Wormuth of Las Cruces dismissed misdemeanor trespassing charges against nearly 100 illegal aliens arrested for crossing into a newly designated National Defense Area in New Mexico. On Wednesday, the federal judge ruled in favor of the illegal aliens, citing probable cause issues as the reason for the dismissals.

{snip} Illegal border crossers in New Mexico began facing new criminal charges in May under a section of U.S. law that protects military installations from unauthorized entry. President Trump recently designated portions of the border region as a National Defense Area.

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The new territory designation made unauthorized entry into the area a crime in addition to the criminal statutes under Title 8 of the United States Code, which covers the illegal entry violation under immigration law.

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Magistrate Wormuth ruled in the dismissals that the federal government failed to prove sufficiently that the illegal aliens facing charges of trespassing onto the designated military property knew they were entering the New Mexico National Defense Area.

Wormuth questioned whether the government had placed correctly signage warning the defendants {snip}

Despite the dismissal of charges related to unlawfully entering the national defense area, the defendants remain in federal custody on charges of illegally entering the United States.

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