Federal magistrate judge dismisses trespassing charges against 98 arrested in new military zone
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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.

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.

Troops at New Mexico border

U.S. soldiers pictured at the southern border in New Mexico last week. (Can Hasasu/Anadolu via Getty Images)

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.

Fox News’ Louis Casiano and Reuters contributed to this report. 

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