TUCSON, Ariz. - Federal prosecutors are getting ready to announce whether they’ll retry a border activist after a U.S. jury was unable to reach a verdict against him on charges of conspiracy to transport and harbour migrants.

The decision about whether to file new charges against Scott Daniel Warren is expected at a court hearing Tuesday.

During Warren’s trial in June, defence attorneys argued he was just being kind by giving two migrants water, food and lodging when he was arrested in early 2018. He faced up to 20 years imprisonment.

Prosecutors maintained the men were not in distress and Warren conspired to transport and harbour them at a property used for helping migrants near the U.S.-Mexico border.

Humanitarian groups say they face increasing scrutiny under President Donald Trump’s hardline immigration policies.