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Dozens of migrants have been convicted for trespassing into a newly-declared military zone along the southern border in Texas even though a judge recently dismissed several such charges elsewhere.
According to Border Report, the 60 convictions follow guilty pleas entered in the U.S. District Court for the Western District of Texas. “Beginning in early May, additional criminal charges were filed against individuals who illegally entered or were found illegally in the United States and who had illegally entered the National Defense Area,” said the U.S. Attorney’s Office for the region, led by Acting U.S. Attorney Margaret Leachman.
“These convictions are a positive step in the judicial process of deterring illegal immigration, and I am very grateful to our El Paso Division staff and to our federal law enforcement and military partners for their diligent work in securing our borders,” she added.
However, a federal judge in New Mexico, where another such zone has been established, dismissed in mid-May charges against nearly 100 migrants arrested for entering a National Defense Area (NDA).
Concretely, Chief U.S. Magistrate Judge Gregory B. Wormuth ruled that the government failed to demonstrate the migrants knew they were entering restricted land.
The NDA allows troops to detain individuals entering the area from Mexico and is part of a way to involve them in immigration enforcement operations.
Federal prosecutors had charged migrants with both illegal entry and trespassing under military restrictions, offenses that carried combined penalties of up to ten years in prison.
However, Judge Wormuth found that migrants lacked notice, as attorneys argued that warning signs were inadequate or not yet installed when many migrants crossed.
Others crossed between signs, in darkness, or were unable to understand the warnings. “It’s just a bunch of desert,” said Carlos Ibarra, a defense attorney for the migrants who saw the charges dismissed. “They’re just coming over the same as usual, and all of a sudden, it’s military charges. Nobody knows what’s going on.”
Migrants still face misdemeanor charges of illegal entry and remain in federal custody. Prosecutors may appeal the dismissals or refile charges with additional evidence.
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