A federal magistrate judge has dismissed trespassing charges against 98 people who were arrested along the Southwest border for entering the newly created National Defense Area in New Mexico that the Trump administration considers an extension of an Arizona military base.
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.
A separate zone, stretching along 50-60 miles of public land in Texas, was recently set up a few weeks ago.
U.S. Army Spc. Manuel Canabal from Bravo Company, 1st Battalion, 41st Infantry Regiment, assigned to Joint Task Force – Southern Border and two U.S. border patrol agents discuss the operations of the mission at Santa Teresa, N.M., May 7, 2025., showing effective team collaboration at the New Mexico National Defense Area.
Pvt. Adrianna Douglas/U.S. Army
The new buffer zone spanning Arizona and New Mexico mostly stretches 60 feet deep into U.S. territory though in some locations the zone stretches much deeper due to the terrain.
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.”
U.S. Soldiers, assigned to Alpha Company, 3rd Battalion 1st Combat Aviation Brigade, arrive at Libby Airfield in Fort Huachuca, Ariz., April 29, 2025.
Sgt. Chase Murray/U.S. Army
The judge’s decision dismisses two charges faced by the 98 migrants arrested — violation of a security regulation and entering military property for an unlawful purpose — both misdemeanors. A third misdemeanor charge of entering the U.S. illegally remains.
The same language in the judge’s decision is used in individual filings for the 98 people who had been charged. The New York Times first reported the dropped charges.
Federal prosecutors can choose to refile the trespassing charges, which carried a possible one-year sentence.
President Donald Trump announced the plans for the “National Defense Areas” last month in a presidential memo laying out what he called the military mission “for sealing the Southern border of the United States and repelling invaders.”
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, the spokesman said.
ABC News’ Jack Moore contributed to this report.