A federal judge in New Mexico has dismissed trespassing charges against dozens of immigrants caught in a new military zone along the US-Mexico border. Chief US magistrate judge Gregory Wormuth ruled that the immigrants were not aware they were entering the military zone, and therefore could not be charged with trespassing. While the immigrants still face charges for illegally crossing the border, this decision marks a setback for the Trump administration’s efforts to increase penalties for unlawful border crossings.

Assistant federal public defender Amanda Skinner confirmed that the trespassing charges were dismissed for all immigrants who appeared in court. The New Mexico national defense area was established in April, covering 180 miles of the border, with US army troops authorized to detain immigrants entering the area from Mexico. A similar buffer zone was set up in Texas recently, with plans to further expand these zones.

Despite over 100 immigrants being charged with illegal border crossing and trespassing in the military zones, Judge Wormuth found that the warning signs in the area were inadequate to inform immigrants that they were committing a crime by entering the military zone. This decision challenges the prosecution’s argument and raises questions about the effectiveness of the warnings provided to individuals in these areas. The Department of Defense has not yet commented on this development.