New Mexico judge tosses misdemeanor charges against 98 illegal immigrants who entered restricted area along US-Mexico border

A judge in New Mexico has dismissed charges against 98 illegal immigrants who crossed the border illegally into restricted territory along the New Mexico border. The 60-foot-wide strip of land along the US-Mexico border in New Mexico has been deemed a National Defense Area, essentially part of the US Army Garrison Fort Huachuca, under the Trump administration.

But Judge Gregory B. Wormuth disagrees and dismissed charges brought against about 100 illegal immigrants who crossed in this area. His reasoning was that the illegal immigrants didn't know they were entering a restricted area, a military base, when they illegally crossed the border. Crossing into this restricted area is meant to bring greater penalties than regular illegal border crossings.

Because the illegal immigrants didn't know they were breaking an additional law, Wormuth decided that they should not be held accountable to it. "The United States provides no facts from which one could reasonably conclude that the defendant knew he was entering," Wormuth said.

"Requiring an intentional entry means that the defendant must know they were entering the military property," he said. "Indeed, not requiring knowledge of entry would again lead to absurd and unfair results. For example, an individual, knowing they were prohibited from entering a military base, who steps on land he does not know is part of that base would be guilty without having any culpable intent."

He is also presiding over dozens of other nearly identical cases and has said he did not find probable cause for the charges.

Defense lawyers for the illegal immigrants said that those border crossers "crossed between signs, arrived exhausted in the dark or were unable to read the warnings," per the New York Times. The government has put up "Restricted Area" signs along the border every few hundred feet and those signs are in both English and Spanish.

"It’s just a bunch of desert," said one of the attorneys. "They’re just coming over the same as usual, and all of a sudden, it’s military charges. Nobody knows what’s going on." No mention was made of the irony that the illegal border crossers had already committed a crime by the time they entered the restricted area and that there should be no "as usual" about the crime of illegal border crossing.

Misdemeanor charges were filed against about 400 illegal immigrants, and this move was praised by Defense Secretary Pete Hegseth, who has been working to get the illegal border crossings down to negligible numbers. Speaking about the arrests, he said "When you cross illegally, you will be prosecuted to the fullest extent of the law."

"They know we mean business," Hegseth said when visiting the area in April. "But they weren't counting on a national defense area. They weren't counting on effectively a military base along the border where our U.S. troops are now defending our border."

Those charges against the illegal immigrants could carry up to one year in prison along with additional, immigration related penalties. The ACLU was up in arms about it, as they have been about so many cases of illegal immigrants facing legal penalties for their criminal activities both where it involves immigration related crimes and domestic crimes.

"We see the government flexing their power, flexing their authorities. And we're concerned about the risk that this poses to everyone in our border communities," said ACLU attorney Rebecca Sheff at the time of the arrests in May.

Those illegal immigrants whose cases were tossed by Wormuth may still face charges due to having crossed the border illegally and are likely to be deported. They remain in custody.

"If the government has the evidence to support the charges, they’re welcome to refile," assistant federal defender Amanda Skinner said. "We’ve been convinced there was no probable cause."