Another federal judge is trying to upend the Trump administration’s immigration agenda, dismissing misdemeanor federal trespassing charges against nearly 100 illegal aliens who crossed the southern border into a National Defense Area.

He ruled that despite the military putting up no-trespassing signs in multiple languages, there’s no evidence that these illegals saw the signs.

Here’s the report via ABC News:

A federal magistrate judge has dismissed trespassing charges against 98 people who were arrested along the Southwest border for entering the newly created National Defense Area in New Mexico that the Trump administration considers an extension of an Arizona military base.

U.S. Magistrate Judge Gregory B. Wormuth ruled Wednesday, in 98 separate filings, that the federal government had failed to demonstrate that the individuals, who were undocumented migrants, knew they were entering the New Mexico National Defense Area that stretches along 170 miles of public land in New Mexico and is considered a part of the Fort Huachuca Army base in Arizona.

A separate zone, stretching along 50-60 miles of public land in Texas, was recently set up a few weeks ago.

The new buffer zone spanning Arizona and New Mexico mostly stretches 60 feet deep into U.S. territory though in some locations the zone stretches much deeper due to the terrain.

According to the original criminal complaint, 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.

However, the judge said there was no evidence, given the often difficult and mountainous terrain, that the defendants had actually seen the signs.

“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),” the judge wrote in a 16-page ruling dismissing the case against one of the 98 people charged. “Consequently, the Criminal Complaint fails to establish probable cause to believe that Defendant knew he/she was entering the NMNDA.”

The judge’s decision dismisses two charges faced by the 98 migrants arrested — 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.

The same language in the judge’s decision is used in individual filings for the 98 people who had been charged. The New York Times first reported the dropped charges.

Federal prosecutors can choose to refile the trespassing charges, which carried a possible one-year sentence.

According to an article on Yahoo News, it adds:

And while more dismissals of the trespassing charges are expected, most, if not all, defendants are still facing illegal entry charges and remain in federal custody at jails across southern New Mexico.

I’m glad they are still in custody, but I’d honestly just rather see these illegals deported than spend a year to 18 months in prison for ignoring signs and crossing into the new National Defense Area.