The federal judge rejects the accusations of intrusion against 98 people arrested in a new military stamp area along the southwest border
A federal magistrate judge rejected accusations against 98 people who were arrested along the southwest border to have entered the newly created national defense zone in the New Mexico that the Trump administration considers as an extension of an Arizona military base.
Judge Magistrate American Gregory B. Wormuth ruled on Wednesday, in 98 distinct documents, that the federal government had not demonstrated that individuals, who were undocumented migrants, knew that they entered the national defense area of the New Mexico which extends over 170 miles of public land to the New Mexico and is considered to be part of the army of the army of Fort Huachuca Arizona.
A separate area, extending over 50 to 60 miles of public lands in Texas, was recently installed a few weeks ago.
US Army SPC. Manuel Canabal by Bravo Company, 1st Battalion, 41st Infantry Regiment, assigned to the joint approaching force – Southern Border and two US border border patrol agents discuss the operations of the mission in Santa Teresa, NM, May 7, 2025., showing an effective team collaboration in the national defense of the New Mexico.
PVT. Adrianna Douglas / American army
The new buffer zone covering Arizona and New Mexico extends mainly at 60 feet deep in the American territory, but in certain places, the area extends much deeper due to the terrain.
According to the initial criminal complaint, the army had displayed panels in the areas indicating in English and Spanish that it was a restricted area and that unauthorized entry is prohibited.
However, the judge said that there was no evidence, given the often difficult and mountainous land, that the defendants had in fact seen the signs.
“Beyond the reference to signaling, the United States does not provide any fact which we could reasonably conclude that the accused knew that he was entering the NMNDA (National Defense Zone of New Mexico),” wrote the judge in a 16-page decision rejecting the case against one of the 98 people charged. “Consequently, the criminal complaint fails to establish a probable cause to believe that the accused knew that he entered the NMNDA.”
The American soldiers, assigned to Alpha Company, 3rd Batalion 1st combat aviation brigade, arrive at Libby aerodrome in Fort Huachuca, Arizona, April 29, 2025.
Sgt. Chase Murray / American army
The judge’s decision rejects the two accusations met by the 98 migrants arrested – violation of a security regulation and entering military property for an illegal purpose – the two crimes. A third accusation of an offense of entering the United States remains illegally.
The same language in the judge’s decision is used in individual deposits for the 98 people who had been charged. The New York Times first pointed out the abandoned charges.
Federal prosecutors can choose to put the accusations of intrusion, which brought a possible sentence of one year.
President Donald Trump announced the plans for “national defense zones” last month in a presidential note providing what he called the military mission “to seal the southern border of the United States and repel the invaders”.
Under the Trump administration policies, military personnel is authorized to temporarily hold any person who enters the marked area, who is considered a military base. These detainees can then be given to local police.
Major Geoffrey Carmichael, spokesperson for the joint processing force Southern Border, said that military personnel has so far detected more than 150 “unauthorized intruders” in the two national defense areas while “working alongside the agents of the American border patrol during their joint patrols or operating in the region”, which then allowed these duties of the law. The US military has not held or apprehended, said the spokesperson.
Jack Moore of ABC News contributed to this report.
