(TNND) — A federal judge has dismissed trespassing charges against nearly 100 migrants arrested along the Mexican border under a policy from the Trump administration.

According to a New York Times report, Federal Magistrate Judge Gregory B. Wormuth ruled that the federal government failed to demonstrate that the migrants were aware they were entering a newly declared "national defense" zone along New Mexico's southern border.

"The United States provides no facts from which one could reasonably conclude that the Defendant knew he was entering the New Mexico National Defense Area, the newly declared military installation," said Judge Wormuth.

Federal prosecutors have the option to appeal the ruling or refile the charges with additional evidence. Despite the dismissal of the trespassing charges, the migrants still face misdemeanor charges of entering the United States illegally and are likely to be deported.

The charges stem from a policy enacted when President Trump took office, declaring a 180-mile strip of land across New Mexico a U.S. Army base, thereby making it a restricted area.