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Federal judge rejects charges against 98 people who were arrested in a new military buffer zone along the southwestern border

A judge of the federal judge has rejected 98 people who were arrested along the southwestern border due to entry into the newly created national defense area in New Mexico that the Trump government is considering an expansion of a military base in Arizona.

On Wednesday, the US judge Gregory B. Wormuth decided in 98 separate submissions that the federal government had not proven that the people who were migrants without papers knew that they entered the National Defense area New Mexico, which stretched along 170 miles in New Mexico and was part of the Fort Huachuca Arizona.

A separate zone recently became a separate zone a few weeks ago, which extended from 50 to 60 miles public country in Texas.

Photo: The leadership of the joint task force visits the New Mexico National Defense area

US Army SPC. Manuel Canabal from the Bravo Company, 1. Battalion, 41st Infantry Regiment, the joint task force – Southern Border and two US border protection officers are assigned, the mission operations in Santa Teresa, NM, NM, 7th May 2025 are discussing.

PVT. Adrianna Douglas/US Army

The new buffer zone, which extends over Arizona and New Mexico, usually extends 60 feet deep into the US territory, but in some places the zone extends much lower due to the site.

According to the original sentence, the military had published in the zones in both English and Spanish signs that it was a limited area and that unauthorized entry is prohibited.

However, the judge said that in view of the often difficult and mountainous area, there is no evidence that the accused actually saw the signs.

“In addition to reference to the signage, the United States does not provide any facts from which one reasonably concludes that the defendant knew that he entered the NMNDA (New Mexico National Defense area),” the judge wrote in a 16-page decision, which referred to one of the accused 98 people. “As a result, the criminal complaint cannot find a probable reason to believe that the accused knew that he/she entered the NMNDA.”

Photo: 1. Campplace brigade ends up in the Libby Army Airfield

US soldiers, which was assigned to the Alpha Company, the 3rd Battalion of the 1st Campplace Brigade, arrive on April 29, 2025 in the Libby airfield in Fort Huachuca, Arizona.

Sgt. Chase Murray/US Army

The decision of the judge rejects two charges of the 98 arrested migrants – violation of a security regulation and military property for an illegal purpose – both pass. A third offense that has illegally joined the United States.

The same language in the decision of the judge is used in individual information for the 98 people who had been charged. The New York Times reported for the first time about the fallen fees.

The public prosecutor can choose to publish the indictment for violations that have sentenced a possible one -year prison sentence.

President Donald Trump announced the plans for the “national defense areas” last month in a president -memo in which he called the military mission “for the sealing of the southern border of the United States and for defense against invaders”.

According to the policy of the Trump government, military personnel can temporarily capture anyone who enters the marked area that is considered a military base. These prisoners can then be handed over to local law enforcement.

Maj. Geoffrey Carmichana, a spokesman for the Southern border of the common task force, said that military personnel have so far found over 150 “non -authorized intruders” in both national defense areas, while “either with the American border officials during the joint patrol patrol or in the area in the region”, whereby these agents then dealt with their lawyers. The US military has not arrested or arrested any intruders, said the spokesman.

Jack Moore from ABC News contributed to this report.

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