Dozens of immigrants who illegally crossed into the U.S. via a newly established military-controlled zone along the U.S.-Mexico border have had their trespassing charges dismissed. 

Chief U.S. Magistrate Judge Gregory Wormuth began filing the dismissals late on Wednesday, ruling the immigrants did not know they were entering the military zone – known as the New Mexico National Defense Area (NMNDA) – and therefore could not be charged, according to court documents.

Wormuth ruled that the federal government failed to demonstrate probable cause that the immigrants knew they were entering the zone.

The government had argued in a criminal complaint that the military had posted signs in the zones stating in both English and Spanish that it was a restricted area and that unauthorized entry is prohibited.

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Despite signs indicating restricted access, the judge noted that the challenging terrain made it unlikely that the defendants saw the warnings.

The decision marks a setback for the Trump administration’s border crackdown as the trespassing charges were central to enforcing the NMNDA.

READ THE ORDER – APP USERS, CLICK HERE:

The NMNDA was established in April and spans approximately 180 miles along the southern New Mexico border. U.S. Army personnel now patrol the area and are authorized to detain unauthorized entrants.

“Beyond the reference to signage, the United States provides no facts from which one could reasonably conclude that the Defendant knew he was entering the NMNDA (New Mexico National Defense Area),” wrote Wormuth in a 16-page ruling. Wormuth has served as a U.S. magistrate judge since 2009. Magistrate judges are appointed by district court judges and not by the president.

Army Sgt. Drew Scheffer, assigned to Joint Task Force Southern Border, provided surveillance over the southern border near Santa Teresa, New Mexico, on April 12. The military has been patrolling the southern border as part of the Trump administration’s crackdown on illegal migration. (Department of Defense)

The judge dismissed two charges faced by the 98 arrested immigrants: violation of a security regulation and entering military property for an unlawful purpose, both misdemeanors. A third misdemeanor charge of entering the U.S. illegally remains.

Up to May 9, Ellison’s office reported charging 339 migrants for entering the New Mexico military area.

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Last month, Secretary of the Interior Doug Burgum visited New Mexico to announce that the Army was taking control of the federal land as part of the Trump administration’s efforts to curb illegal immigration and trafficking.

The 109,651 acres of federal land was transferred to the Army for three years, subject to valid existing rights.

U.S. soldiers pictured at the southern border in New Mexico last week. (Can Hasasu/Anadolu via Getty Images)

The switch in jurisdiction allows the government to protect sensitive natural and cultural resources in the region, while helping the Army support U.S. Border Patrol operations in securing the border and preventing illegal immigration, according to the Department of the Interior.

In March, the Defense Department authorized the military to patrol the southern border to provide “enhanced detection and monitoring” to support U.S. Customs and Border Protection.

Fox News Digital emailed and called a Department of Justice attorney involved in the case for comment.

Fox News’ Louis Casiano and Reuters contributed to this report. 

William Kistler, the mysterious 26-year-old companion of the Texas real estate agent who was fatally shot after the pair allegedly brushed against a parked Mercedes, has a lengthy criminal record.

According to FOX 4 Dallas, 28-year-old Ashlee Long was leaving a bar in downtown Dallas on April 5 with a group of friends, including Kistler.

Dallas police said that Kistler “reached out and brushed his hand along the passenger side of a passing Mercedes as they were walking across the street.” Investigators said that 34-year-old Kendrick Finch then exited the passenger side of the vehicle with a gun and opened fire.

The affidavit states, according to FOX 4, that Kistler reached into Long’s purse and pulled out his gun, and that’s when police say Finch opened fire, striking both Long and Kistler. Kistler was able to fire back, but Finch then took off.

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A confrontation ensued in Dallas, Texas, after Ashlee Long’s male friend, later identified as William Kistler, allegedly brushed his hand along a Mercedes vehicle. (KDFW-TV)

Finch shot both Long and Kistler, according to police. Long later died from her injuries at the hospital, while Kistler survived.

Finch, who has a prior criminal history that includes drug charges and burglary, later turned himself in to authorities. He is currently charged with murder.

Kistler was charged with unlawful possession of a firearm, a felony. He is being held in the Collin County Jail.

William Kistler was charged with unlawful possession of a firearm, a felony. He is currently in the Collin County Jail. (Collin County Jail)

On March 7, prosecutors said that Finch fired “at least 8 times.”

“From the evidence that I see, it is our firm belief that Mr. Finch was the first one to shoot. That he has to own. He fired that gun at least eight times. In a crowded residential-commercial street with cars and people walking all around.”

Finch’s attorney, Dallas County defense lawyer Josh Healy, said in court that the shooting was an act of self-defense and that Kistler “started everything that night.”

“We know for sure Ashlee Long would be alive today except for William Kistler. William Kistler is the one who started everything that night. It showed in the video. It shows his actions, how he was acting. We don’t have the toxicology report yet of these two individuals, but I can bet where that’s going to end up. He’s trying to fight random people on the street, and then my client’s car, driving by at a normal rate of speed, gets hit,” Healy said.

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Kendrick Finch was captured on security footage pulling out a gun and shooting 28-year-old Ashlee Long and William Kistler. (KDFW-TV)

Healy also emphasized the seven seconds it took his client to exit the vehicle.

“He goes over how, during those seven seconds, he says Kistler is trying to get a gun out of Long’s purse.”

“What I do know is my client never gets out of that car except [that] Mr. Kistler is reaching for that gun immediately . . . but if you watch that video, Mr. Kistler, when he’s fighting around trying to get that gun and gets it, goes like this towards my client.”

At that moment, Healy lunged forward in court, acting out what he claimed was visible in the video.

“And when he takes those steps towards my client, my client has every right under the law to defend himself,” he said.

Downtown Dallas murder suspect Kendrick Finch appeared in court on Wednesday, May 7, in an attempt to reduce his bond. He was eventually released on May 13 after posting a $500,000 bond. (KDFW-TV)

Finch was released on May 13 after posting a $500,000 bond. His release came after a judge denied a motion from his defense team to reduce the bond amount.

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Kistler’s criminal history

Long’s companion’s lengthy criminal history, primarily misdemeanors, was brought to light after he was charged.

In April 2018, he was charged with theft of services valued between $750 and $2,500, a case that was ultimately resolved in County Court. Later that year, in November 2018, he was charged with assault causing bodily injury to a family member, another misdemeanor.

In March 2019, Kistler was charged with violating a protective order or bond conditions in a domestic violence case, which was also resolved without a felony conviction. In July 2023, he faced another theft charge involving property valued between $750 and $2,500, again concluding with a misdemeanor disposition.

In addition to these closed misdemeanors, Kistler is involved in two ongoing legal proceedings. 

In May 2019, he was indicted by a grand jury for burglary of a habitation—a felony. After a period of inactivity, the case was reactivated and remains pending.

In July 2022, Kistler was charged in connection with a vehicle accident that caused at least $200 in damage. That case has also been reopened.

Fox News Digital reached out to Kistler’s attorney for comment.

Henry Long, Ashlee’s dad, said that the suspect allegedly responsible for her death deserves prison. (KDFW-TV)

Henry Long, the father of the victim, released a statement mourning the death of his daughter and calling for Finch to stay in jail.

“Ashlee’s life mattered. And so does justice,” Long wrote on Facebook. “Kendrick Finch must remain behind bars — permanently.

“He made the choice to kill. He should not be given the opportunity to walk free and make that choice again.”

Long said the pain of losing a child is “indescribable.”

“But to lose her this way — to gun violence at the hands of a stranger — is a trauma no family should have to endure,” he wrote. “Kendrick Finch made the choice to take her life. He didn’t just end her future — he shattered the lives of everyone who loved her.”

The U.S. Department of Education has rescinded a $37.7 million fine, with prejudice, against Grand Canyon University for alleged deceptive practices, according to the university.

The proposed fine was the largest ever issued by the department against a university.

University President Brian Mueller welcomed the decision to rescind the fine.

“The facts clearly support our contention that we were wrongly accused of misleading our Doctoral students, and we appreciate the recognition that those accusations were without merit,” Mueller said in a statement.

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“GCU is a leader in innovation, transparency and best practices in higher education and we look forward to working cooperatively with the Department in the future – just as we have with all regulatory agencies,” he continued.

The fine was imposed in October 2023 after the federal government reported that an investigation found that 78% of doctoral students who graduated between 2017 and 2022 required additional courses and incurred additional costs of at least $10,000 to complete their programs.

The U.S. Department of Education has rescinded a $37.7 million fine, with prejudice, against Grand Canyon University. (J. David Ake/Getty Images)

The university appealed the fine the following month, with Mueller accusing the federal government of being “out of control” and targeting one of the largest Christian universities in the country, according to a statement at the time.

Mueller also said in a speech at the time that the fine was “ridiculous” and noted that another top Christian university, Liberty University, was reportedly being threatened with a $37 million fine for allegedly underreporting crimes.

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The proposed fine was the largest ever issued by the Department of Education against a university. (STEFANI REYNOLDS/AFP via Getty Images)

“It’s interesting, isn’t it, that the two largest Christian universities in the country, this one and Liberty University, are both being fined almost the identical amount at almost the identical time?” he said. “Now is there a cause and effect there? I don’t know. But it’s a fact.”

The Department of Education’s move to rescind the fine ends a yearslong legal battle for the university.