EL PASO, Texas — A federal jury on Thursday acquitted a 21-year-old Peruvian woman of trespassing on military land near the U.S.-Mexico border, marking the first known trial of an immigrant under a Trump-era declaration that designates parts of the Texas and New Mexico border as a national defense zone.
Adely Vanessa De La Cruz-Alvarez was found not guilty of entering a restricted military area near Tornillo, Texas, roughly 40 miles east of El Paso. The verdict came after a three-day trial in which the defense argued that warning signs were either not visible or possibly not present at the time of her crossing.
She was, however, convicted of the misdemeanor charge of illegally entering the United States and sentenced to time served plus one business day by U.S. Magistrate Judge Laura Enriquez. De La Cruz-Alvarez, who has been in custody since her May 12 arrest, now faces deportation.
“She knew exactly what she was doing,” argued federal prosecutor Phillip Douglas Countryman, who pushed for a 45-day sentence, saying illegal entry should carry consequences.
But the court disagreed on the more severe charge of trespassing on military property. “Simply put, the court does not believe there is evidence that would rise to the requirement of this statute,” Judge Enriquez said after dismissing one of the trespassing counts on Wednesday.
Defense attorney Shane Michael McMahon emphasized the ambiguity of the zone’s boundaries and signage. Holding up a replica of the warning sign—just one foot by two feet—he asked a Border Patrol agent whether he could read it. The agent admitted he struggled to do so until it was within 10 feet.
Another agent, Edgar Contreras, testified he couldn’t recall if the sign was even in place at the time of De La Cruz-Alvarez’s arrest.
The prosecution’s reliance on signs and presumed knowledge of restricted zones came under increasing scrutiny throughout the trial. “The biggest problem with this zone is that it’s a trap,” McMahon said.
Earlier this year, the Trump administration declared 180 miles of the New Mexico border and 63 miles in West Texas as national defense areas overseen by Army commands in Arizona and El Paso. Since April, federal prosecutors have increasingly filed misdemeanor charges for violations of these zones in addition to illegal entry, but judges have frequently dismissed those charges for lack of evidence.
Despite the acquittal, federal authorities remain undeterred.
“While we respect the jury’s verdict, we will continue to aggressively prosecute National Defense Area violations,” said U.S. Attorney Justin R. Simmons for the Western District of Texas. “At the end of the day, another illegal alien has been found guilty of illegally entering the country… That’s a win for America.”
During jury selection, tensions ran high. One potential juror dismissed for bias stated, “She’s an illegal, what rights does she have?” Another called the trial “a waste of time.” Neither was chosen.
In court, De La Cruz-Alvarez sat quietly in a long black dress, listening to proceedings through a headset. At the conclusion of the trial, she wept and embraced her legal team.
“I saw a brave and strong person for taking on the Trump administration and its immigration policies,” said her attorney, Veronica Teresa Lerma.
The prosecution’s approach also drew criticism for characterizing De La Cruz-Alvarez as “privileged” because she wore makeup, carried $500 in cash, and had informed Border Patrol she was heading to Miami. The judge instructed the jury to disregard that statement, deeming it irrelevant to the case.
This landmark verdict sets a precedent for how courts may treat similar cases moving forward. “Hopefully, this sets the tone for the federal government,” said Lerma. “So they know what the El Paso community will do with these charges.”
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