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US Attorney challenges judge on military zone prosecutions
From left, U.S. Secretary of Defense Pete Hegseth, U.S. Border Patrol Chief Michael Banks and U.S. Attorney for New Mexico Ryan Ellison, during a visit to New Mexico鈥檚 border on April 25.
The U.S. Attorney in New Mexico is criticizing the chief U.S. Magistrate judge for seeking legal views about trespassing violations in the state鈥檚 new military defense zone, urging the judge to 鈥渃orrect course鈥 to avoid 鈥渇urther impropriety.鈥
In a nine-page 鈥渙bjection鈥 filed Sunday, U.S. Attorney Ryan Ellison sought to preempt a judicial opinion about the elements of criminally charging people illegally crossing into the U.S. with additional crimes of entering a restricted military zone and violating defense property security regulations.
The unusual court filing from the government comes just weeks after the Trump administration began the prosecution practice by designating a 60-foot-wide swath along New Mexico鈥檚 southern border as military property called the New Mexico National Defense Area. The action was viewed as a way to legally use military troops for domestic law enforcement on American soil.
The 170-mile long stretch is part of the federal government鈥檚 鈥渂roader efforts to protect and defend the sovereignty and territorial integrity of the 近距离内射合集 States in light of the 鈥楴ational Emergency鈥 caused by, among other things, unchecked unlawful mass migration,鈥 wrote Ellison, who was appointed April 19 by U.S. Attorney General Pam Bondi.
With hundreds of defendants now facing such misdemeanor charges in Las Cruces federal court, Chief U.S. Magistrate Judge Gregory Wormuth on May 1 requested input from the U.S. Attorney鈥檚 Office and the Federal Public Defender鈥檚 office citing the scarcity of case law relating to these offenses and 鈥渢he unprecedented nature of prosecuting such offenses in this factual context.鈥
The judge wanted to hear about the standards of proof needed to find defendants guilty in these kinds of cases, such as whether offenders would have had to know they were on military property or willfully intended to violate the no-trespassing edict.
Ellison鈥檚 office on May 5 filed a 14-page brief defending the prosecution practice. But in his objection filed days later, Ellison called the judge鈥檚 solicitation of legal views an 鈥渆xtraordinary departure鈥 from 鈥渇oundational principles鈥 because it wasn鈥檛 spurred by any particular case.
The request was issued without prompting from any party, outside the context of any particular case, 鈥渁bsent any relation to an identified defendant, on a miscellaneous docket, and untethered to any contemplated or requested relief,鈥 Ellison wrote.
Moreover, the judge鈥檚 request 鈥渨as an improper exercise of the Court鈥檚 authority,鈥 he contended. He urged Wormuth to avoid 鈥渇urther impropriety of issuing an advisory opinion purporting to provide views on abstract questions of law that have not yet been properly raised in any case by any party.鈥
Amanda Skinner, of the federal public defender鈥檚 office, contended in her May 8 response to Wormuth that the signage warning those stepping into the defense zone is inadequate, but the U.S. Attorney鈥檚 office argued such notification wasn鈥檛 required to prove someone violated the military-related laws. The fact that someone has intentionally entered the zone from Mexico through an area other than a designated port of entry and knows that conduct is unlawful is enough to find someone guilty of the military zone infractions, federal prosecutors maintain.
The 12-by-18-inch signs, which are posted on stakes inside the zone, are in English and Spanish, but no other languages. Skinner, who couldn鈥檛 be reached for comment Monday, asked Wormuth to hear oral arguments on the issue.
Ellison wrote that it appeared the judge鈥檚 鈥減remature and inappropriate effort to decide questions before it鈥 was apparently 鈥渄esigned to provide legal guidance to courts across all cases, present and future, across the district.鈥
The New Mexico defense zone is a 鈥渃rucial installation necessary to strengthen the authority of servicemembers to help secure our borders and safeguard the country. The Court should therefore be particularly reluctant to stray beyond the constitutional limits of 鈥榡udicial power鈥 and unilaterally impose its legal views in cases implicating national sovereignty.鈥