Latest news with #GregoryWormuth
Yahoo
16-05-2025
- Politics
- Yahoo
Judge dismisses charges for 98 migrants who crossed into New Mexico military zone
Trespassing charges for dozens who crossed into a new military zone in New Mexico have been dismissed by a federal judge. Chief U.S. Magistrate Judge Gregory Wormuth began filing dismissals late Wednesday into Thursday, reported Reuters, citing court documents. Wormuth ruled 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, according to ABC News. The migrants still face charges for crossing the border illegally, reported Reuters. Dozens have 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 land is subject to military patrols and surveillance, with "U.S. troops authorized to temporarily detain and transfer individuals to federal law enforcement for prosecution." According to Reuters, Wormuth pushed back against the trespassing charges and ordered New Mexico U.S. Attorney Ryan Ellison, who filed the first trespassing charges, to show proof that migrants arrested in the New Mexico zone knew they had entered a restricted area. Defense attorneys argued that warning signs in the area were inadequate to inform migrants they were committing a crime, a position Wormuth agreed with, Reuters reported. A second military zone has also been created in the El Paso area, which will be part of the Fort Bliss Army base. The area stretches about 53 miles east to the border community of Fort Hancock. Natassia Paloma may be reached at npaloma@ @NatassiaPaloma on Twitter; natassia_paloma on Instagram, and Natassia Paloma Thompson on Facebook. More: Amnesty International report finds disregard for human rights in El Paso ICE facility This article originally appeared on El Paso Times: Charges dismissed for migrants who crossed into military zone
The Independent
16-05-2025
- Politics
- The Independent
Judges dismiss national security charges against immigrants who enter new militarized zone at border
Federal magistrate judges in New Mexico have started dismissing national security charges against immigrants accused of crossing the southern U.S. border through a newly designated military zone, finding little evidence that immigrants knew about the zones. Since late-April, federal prosecutors in New Mexico and western Texas have filed misdemeanor criminal charges of violating national security regulations and entering restricted military property against at least 400 immigrants. They're accused of illegally entering the U.S. as well as a 60-foot strip of land recently designated as a national defense area. The military trespassing charges have been dismissed in at least 120 cases by magistrate judges at a federal court in Las Cruces, including rulings on Friday. Companion misdemeanor charges of illegal entry into the U.S. were not dismissed. The U.S. attorney for New Mexico says at least 199 signs have been staked in the ground near the New Mexico border that warn against entry into the newly militarized area. But Chief Magistrate Judge Gregory Wormuth says, 'The mere fact that some 'signs' were posted in the New Mexico National Defense Area provides no basis on which to conclude that the defendant could have seen, let alone did see, the signs." The government was using a 'cut-and-paste approach' in its allegations that allowed the court to use the same legal analysis in ruling in all the cases, Wormuth said in a court order. The newly designated national defense areas are overseen by U.S. Army commands out of Fort Bliss in the El Paso area in Texas and Fort Huachuca in Arizona. The novel national security charges against immigrants who enter through those militarized zones carry a potential sentence of 18 months in prison on top of a possible six month sentence for illegal entry. The full implications are unclear for migrants who pursue legal status through separate proceedings in federal immigration court. President Donald Trump's administration says it has authorized U.S. troops to temporarily detain immigrants in the country illegally along the border — though there's no record of troops exercising that authority as U.S. Customs and Border Protection conducts arrests. Public defenders say the trespassing charges cannot stand without proof that immigrants knew of the military restrictions and acted 'in defiance of that regulation for some nefarious or bad purpose.'
Associated Press
16-05-2025
- Politics
- Associated Press
Judges dismiss national security charges against immigrants who enter new militarized zone at border
SANTA FE, N.M. (AP) — Federal magistrate judges in New Mexico have started dismissing national security charges against immigrants accused of crossing the southern U.S. border through a newly designated military zone, finding little evidence that immigrants knew about the zones. Since late-April, federal prosecutors in New Mexico and western Texas have filed misdemeanor criminal charges of violating national security regulations and entering restricted military property against at least 400 immigrants. They're accused of illegally entering the U.S. as well as a 60-foot strip of land recently designated as a national defense area. The military trespassing charges have been dismissed in at least 120 cases by magistrate judges at a federal court in Las Cruces, including rulings on Friday. Companion misdemeanor charges of illegal entry into the U.S. were not dismissed. The U.S. attorney for New Mexico says at least 199 signs have been staked in the ground near the New Mexico border that warn against entry into the newly militarized area. But Chief Magistrate Judge Gregory Wormuth says, 'The mere fact that some 'signs' were posted in the New Mexico National Defense Area provides no basis on which to conclude that the defendant could have seen, let alone did see, the signs.' The government was using a 'cut-and-paste approach' in its allegations that allowed the court to use the same legal analysis in ruling in all the cases, Wormuth said in a court order. The newly designated national defense areas are overseen by U.S. Army commands out of Fort Bliss in the El Paso area in Texas and Fort Huachuca in Arizona. The novel national security charges against immigrants who enter through those militarized zones carry a potential sentence of 18 months in prison on top of a possible six month sentence for illegal entry. The full implications are unclear for migrants who pursue legal status through separate proceedings in federal immigration court. President Donald Trump's administration says it has authorized U.S. troops to temporarily detain immigrants in the country illegally along the border — though there's no record of troops exercising that authority as U.S. Customs and Border Protection conducts arrests. Public defenders say the trespassing charges cannot stand without proof that immigrants knew of the military restrictions and acted 'in defiance of that regulation for some nefarious or bad purpose.' ___ Associated Press reporter Valerie Gonzalez contributed from McAllen, Texas.
Fox News
16-05-2025
- Politics
- Fox News
Federal magistrate judge dismisses trespassing charges against 98 arrested in new military zone
Dozens of immigrants who illegally crossed into the U.S. via a newly established military-controlled zone along the U.S.-Mexico border have had their trespassing charges dismissed. Chief U.S. Magistrate Judge Gregory Wormuth began filing the dismissals late on Wednesday, ruling the immigrants did not know they were entering the military zone – known as the New Mexico National Defense Area (NMNDA) – and therefore could not be charged, according to court documents. Wormuth ruled that the federal government failed to demonstrate probable cause that the immigrants knew they were entering the zone. 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 judge noted that the challenging terrain made it unlikely that the defendants saw the warnings. The decision marks a setback for the Trump administration's border crackdown as the trespassing charges were central to enforcing the NMNDA. READ THE ORDER – APP USERS, CLICK HERE: The NMNDA was established in April and spans approximately 180 miles along the southern New Mexico border. U.S. Army personnel now patrol the area and are authorized to detain unauthorized entrants. "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 Wormuth in a 16-page ruling. Wormuth has served as a U.S. magistrate judge since 2009. Magistrate judges are appointed by district court judges and not by the president. The judge dismissed two charges faced by the 98 arrested immigrants: 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. Up to May 9, Ellison's office reported charging 339 migrants for entering the New Mexico military area. Last month, Secretary of the Interior Doug Burgum visited New Mexico to announce that the Army was taking control of the federal land as part of the Trump administration's efforts to curb illegal immigration and trafficking. The 109,651 acres of federal land was transferred to the Army for three years, subject to valid existing rights. The switch in jurisdiction allows the government to protect sensitive natural and cultural resources in the region, while helping the Army support U.S. Border Patrol operations in securing the border and preventing illegal immigration, according to the Department of the Interior. In March, the Defense Department authorized the military to patrol the southern border to provide "enhanced detection and monitoring" to support U.S. Customs and Border Protection. Fox News Digital emailed and called a Department of Justice attorney involved in the case for comment.
Washington Post
15-05-2025
- Politics
- Washington Post
Judge orders charges dismissed for migrants accused of trespassing on military property
A federal judge has ordered criminal charges dismissed for dozens of migrants accused of trespassing on military property after the Trump administration turned much of the southern border of New Mexico into a military zone. U.S. Magistrate Judge Gregory B. Wormuth found no probable cause to believe that the migrants knew they were entering a military zone and thus 'willfully' trespassed. Wormuth dismissed trespassing charges against 22 migrants who made their initial court appearances on Thursday, but they still face illegal entry charges. The judge has dismissed charges related to trespassing against more than 100 migrants so far.
