Trespassing charges for dozens who crossed into a new military zone in New Mexico have been dismissed by a federal magistrate judge (article available here).
The Chief U.S. Magistrate Judge for the District of New Mexico began dismissing cases late Wednesday into Thursday, ruling that migrants did not know they were entering the New Mexico military zone and therefore could not be charged.
A total of 98 people had the trespassing charges dropped.
Migrants received 'Title 50' charges for crossing into military defense property, a 170-square-mile strip along the base of New Mexico, also known as the Roosevelt Reservation, according to a news release by the United States Attorney for the District of New Mexico.
The corridor was recently transferred from the Department of the Interior to the Department of Defense and is now being treated as an extension of U.S. Army Garrison Fort Huachuca, the news release said.
The government had argued in a criminal complaint that 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.
Despite signs indicating restricted access, the court noted that the challenging terrain made it unlikely that the defendants saw the warnings and ordered New Mexico U.S. Attorney to show proof that migrants knew they had entered a restricted area.
"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)," wrote the court in a 16-page ruling.