The magistrate decided that the arrested migrants may not have known that they would go into a military zone.
A judge of the United States in the southwestern state of New Mexico has against dozens of migrants who were arrested in one Military zone Recently created under President Donald Trump.
The military zone has been one of two so far that the Trump government has created along the border between the USA and Mexico to keep migration into the country without papers.
Entry into a military zone can lead to increased criminal punishments. Since then, 400 cases have been submitted in Las Cruces, New Mexico, which allows security violations and crimes such as entering limited military property.
From late Wednesday and Thursday, the American judge Gregory Wormuth began at the request of the Federal Head of the Federal Head in Las Cruces.
Wormuth decided that the government had not proven that the migrants knew that they were entering one. Military zone.
“The criminal complaint has not found a probable reason to assume that the accused knew that he/she entered the military zone,” Wormuth wrote to reject charges in his orders.
The verdict is the latest legal setback For the Trump administration, she tries to impose stricter restrictions and punishments for immigration without papers. But the broad use of the executive power by the president has drawn the anger of the bourgeois freedom groups, which argue that Trump trample constitutional protective measures with feet.
The establishment of new military zones was part of Trump’s strategy to reduce the migration flow to the United States.
Usually the crime “Improper entry through an alien” is due to fines or a prison sentence of up to six months. However, the violation of a military zone is associated with steeper penalties than a typical border crossing, and Defense Minister Pete Hegseth has warned of a possible combined prison sentence of up to 10 years.
“They can be arrested. They are arrested,” warned Hegseth migrants. “They will work together by US troops and border patrols.”
On April 18, the first military zone was unveiled, called “New Mexico National Defense area”. It included a distance of about 274 kilometers – or 180 miles – along the border with Mexico, which extends into land, which was previously held by the Interior Ministry.
Hegseth said that he would like to see more military zones along the border, and at the beginning of May a second near El Paso, Texas, was announced. This strip was about 101 km or 63 miles.
“Let me be clear: When you go to the national defense area, you will be fully charged with the law.” Hegseth wrote on social media post.
Hegseth previously explained that the military will further expand such zones until it has reached a “100 percent operating control” of the border.
Trump and his allies have often compared immigration without papers with an “invasion” and used this justification to appoint war laws such as the extraterrestrial enemy law of 1798.
In a court application on behalf of the Trump administration, the US lawyer Ryan Ellison argued that the new military zones were an important bulwark for national security. He also rejected the idea that innocent people could be caught in these areas.
“The New Mexico National Defense area is a decisive installation that is necessary to strengthen the authority of services to secure our limits and protect the country,” said Ellison.
He noticed that the government had set up “limited area signs” along the border. However, the public defender’s office in New Mexico argued that the government had not done enough to make migrants in the area sufficiently clear that they entered a military zone.
In the United States, the public defenders found that the violation demanded that the migrants were aware of the restriction and “in contradiction to this regulation for a shameful or bad purpose”.
Despite the layoffs of this week, the migrants involved are still exposed to less serious charges for illegal border.
