The magistrate ruled that the arrested immigrants may not realize they were crossing the military zone.

A judge in southwestern New Mexico dismissed allegations of trespass against dozens of immigrants arrested in a military zone recently established under Donald Trump.

The military zone is one of two people so far the Trump administration has created along the U.S.-Mexico border to prevent undocumented immigration to the country.

Entering a military zone may result in higher criminal penalties. As many as 400 cases have been filed in Las Cruces, New Mexico, alleging security violations and crimes such as trespassing restricted military property.

But starting Wednesday night and through Thursday, U.S. District Court Chief Justice Gregory Wormuth began to dismiss the sack at the request of the federal public defender at Las Cruces.

The worm ruled that the government failed to prove that immigrants knew they were entering the military zone.

"The criminal lawsuit failed to determine why the defendant knew he/she was entering," Wormot wrote in his order.

The ruling is the latest legal setback for the Trump administration as it tries to impose strict restrictions and punishments on undocumented immigrants. But the president’s widespread use of the executive has attracted anger from civil liberties groups who believe Trump is trampling on constitutional safeguards.

The establishment of a new military zone has been part of Trump's strategy to reduce immigration to the United States.

Typically, the offence of “improper entry for foreigners” will be fined or sentenced to up to six months in prison. But the penalty for invasion in military areas is steeper than typical border crossings, Defense Secretary Pete Hegseth warned that the total sentence could be 10 years.

"You can be detained. You will be detained." "You will be blocked by the U.S. Army and Border Patrol."

On April 18, the first military zone was announced, known as the "New Mexico Defense Zone". It covers about 274 kilometers or 180 miles along its border with Mexico, extending to land previously held by the Ministry of the Interior.

Hegseth said he wanted to see more military areas established along the border, and in early May, a second military zone was announced near El Paso, Texas. The belt is about 101 km or 63 miles.

"Let me be clear: If you cross the defense zone, you will be charged to the maximum extent of the law," Hegseth wrote in a social media post.

Hegseth had previously said the military would continue to expand such areas until they put "100% operational control" on the border.

Trump and his allies often compared undocumented immigration to "invasions", which they invoked wartime laws, such as the Alien Enemy Act of 1798.

In a court summary representing the Trump administration, U.S. Attorney Ryan Ellison argued that the new military zone is an important bastion of national security. He also rejected the idea of ​​innocent people who might capture these fields.

“The New Mexico Defense Zone is a crucial device necessary to strengthen the authority of service personnel to help ensure our borders and maintain the country,” Ellison said.

He pointed out that the government has laid "restricted areas" signs along the border. However, the New Mexico public defender office believes that the government has not done enough to make immigrants in the area clear enough that they entered the military zone.

In the United States, public defenders noted that trespass requires immigrants to be aware of the restrictions and “actions “do not violate the regulations for some evil or bad purpose.”

Despite being fired this week, the immigrants involved still face serious charges of illegal crossing the border.