On Easter Sunday, an El Paso judge ordered the release of illegal migrants accused of involvement in a “border riot” when a stampede overwhelmed National Guard troops along the Rio Grande earlier this month. Judge Humberto Acosta made his ruling during an online teleconference bond hearing, where he accused the El Paso District Attorney’s Office of not being ready to proceed with detention hearings for each defendant. The ruling stated that all the individuals accused of participating in the riot would be released on their own recognizance, unless there was a federal immigration hold blocking their release. It is unclear how many illegal migrants were booked on a charge of “riot participation,” but the judge ordered that those entitled to individual detention hearings should have them within 48 hours.
The riot occurred when a group of over 300 migrants attempted to enter the U.S. illegally by rushing a border fence in El Paso, Texas. Video footage showed adult males ripping away razor wire set up by the state and charging past Texas National Guard members before being blocked from entering further. It was uncertain if the judge’s ruling only applied to the “riot participation” charge or if it included other charges such as assault and criminal mischief related to the border stampede. The National Border Patrol Council president, Brandon Judd, stated that agents were reviewing video footage to identify those who assaulted guardsmen, who would then be processed for deportation or have the ability to claim asylum. Texas also has the authority to charge migrants who assaulted guardsmen with crimes such as criminal trespass and destruction of property.
The Biden administration has claimed that Texas’ anti-illegal immigration law, which allows police to arrest illegal immigrants, interferes with federal responsibility over immigration enforcement. Despite initial approval from the Supreme Court, the law was later blocked by the Fifth Circuit Court of Appeals as arguments proceeded on the merits. Texas Governor Greg Abbott criticized President Biden for the chaotic situation at the border, stating that the surge of illegal migrants in El Paso was a result of President Biden’s policies. The Texas Military Department and the Texas Department of Public Safety were working to regain control of the situation and arrest every illegal immigrant involved for committing criminal trespass and destruction of property.
On Easter Sunday morning, two other migrants, including a Colombian man, had separate hearings on criminal mischief charges for allegedly cutting border fencing. They were each jailed on a $2,000 bond. As the situation at the border continues to escalate, with Texas officials asserting their authority to stop those crossing illegally using state trespass laws, there is ongoing debate and legal battles between Texas and the Biden administration regarding immigration enforcement. The issue of border security and illegal immigration remains a major point of contention, with both sides offering differing perspectives on how to address the challenges faced at the U.S.-Mexico border.
