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Original Date Announced
May 1, 2025U.S. Attorney for the District of New Mexico Ryan Ellison announced the filing of 82 new Title 50 charges for unauthorized entry into the newly designated National Defense Area along New Mexico’s southern border, following a high-level visit with Defense Secretary Pete Hegseth and U.S. Border Patrol Chief Michael Banks. The charges mark the first large-scale use of a criminal statute targeting unauthorized entry onto federally protected military property. They followed the recent transfer of control over a 170-mile stretch of borderland, known as the Roosevelt Reservation, from the Department of the Interior to the Department of Defense. These new charges carry up to a year in jail and $100,000 fines.
Trump 2.0 [ID # 1740]
2025.05.01 DOJ - Title 50 Charges Against Migrants For Entering National Defense AreaSubsequent Trump and Court Action(s)
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May 1, 2025
2025.05.01 Order for Briefing - In Re Misdemeanor Charges Pursuant to 50 U.S.C. § 797 AND 18 U.S.C. § 1382
Chief Magistrate Judge Gregory B. Wormuth in New Mexico, who is handling many of the misdemeanor cases prosecuting migrants under new Title 50 charges, ordered the government to submit a brief on the required mens rea (state of mind) given the "scarcity of case law relating to these offenses, particularly given the unprecedented nature of prosecuting such offenses in this factual context."
**Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**
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May 14, 2025
2025.05.14 Order Dismissing Charges - United States v. Lopez-Gonzalez
Chief Magistrate Judge Gregory B. Wormuth in New Mexico issues an order dismissing without prejudice two of three misdemeanor charges brought against a defendant arrested in the New Mexico National Defense Area (NMNDA). The Court found that knowledge of entry into the NMNDA was "an essential element" of both the Title 50 U.S.C. § 797 Violation of a Security Regulation and Title 18 U.S.C. § 1382 Entering Military Property for an Unlawful Purpose charges brought against the Defendant, and the Criminal Complaint failed to establish probable cause that the Defendant knew they were entering the NMNDA. The third charge, Entry Without Inspection in violation of Title 8 U.S.C. § 1325, was not dismissed. United States v. Lopez-Gonzalez, 25-mj-1562 GBW (D. NM.).
**see litigation note above**
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May 15, 2025
2025.05.15 Reported: Judge Dismisses ‘Trespassing’ Charges Promoted by Trump in Border ‘Defense Area’ - NYT
The New York Times reports that Magistrate Judge Gregory B. Wormuth dismissed trespassing charges against 98 immigrants who crossed into the ”national defense zone” along the New Mexico border. Judge Wormuth concluded that federal prosecutors failed to establish probable cause for the offense: “The United States provides no facts from which one could reasonably conclude that the Defendant knew he was entering“ the national defense area.
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Current Status
NoneOriginal Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Change in PracticeSubject Matter: Interior EnforcementAgencies Affected: DOJAssociated or Derivative Policies
- January 20, 2025 EO 14165 § 10 directs DOJ and DHS to prioritize border prosecutions
- January 20, 2025 EO 14159 § 5 directs DOJ with DOS and DHS to prioritize criminal prosecutions related to unauthorized entry or continued unauthorized presence
- April 11, 2025 NSPM-4 "Military Mission for Sealing the Southern Border of the United States and Repelling Invasions"
- April 15, 2025 Interior Department transfers federal lands along the southwest border to the Army
Documents
Trump-Era Policy Documents
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Commentary
2025.05.07 WaPo: Trump military border charges sow confusion in federal courts
The Washington Post reports that new charges for entering military property in violation of "an Army security regulation" under Title 50, or “for any purpose prohibited by law or lawful regulation" under Title 18, have caused confusion in federal courts because it is unclear whether those who unknowingly trespassed have the requisite mens rea, or state of mind. Signs have been posted along the border in English and Spanish stating that the area is "restricted Defense Department property" and those who enter may be "detained and searched," but they do not warn of prosecution for trespassing.
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