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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 in March, the El Paso Times reported.
Court officials also said that undocumented migrants will stay jailed if there is a federal immigration hold blocking their release, the El Paso Times reported.
Judge Humberto Acosta made his ruling on Sunday, March 31, during an online teleconference bond hearing in which he accused the El Paso District Attorney’s Office of not being ready to proceed with detention hearings for each defendant, according to the outlet.
“It is the ruling of the court that all the rioting participation cases will be released on their own recognizance,” Acosta ordered.
SPEAKER JOHNSON MEETS GOV ABBOTT IN TEXAS TO TALK BORDER ACTION, MAYORKAS IMPEACHMENT
A group of more than 100 migrants trying to enter the U.S. illegally rushed a border wall on March 21, 2024. In the process, the migrants knocked down Texas National Guardsmen before being halted by the border wall. (James Breeden for New York Post/Mega)
Another hearing for more defendants is expected on Monday.
The riot happened on March 21 when a group of more than 100 migrants attempted to enter the U.S. illegally by rushing a border fence in an area of the southern border in El Paso, Texas.
Video footage published by the New York Post shows dozens of adult men ripping away razor wire that had been set up by the state and charging past Texas National Guard personnel. They then ran toward a section of border wall, where they were blocked from entering further.
It is unknown how many illegal migrants were booked on a charge of “riot participation,” but the El Paso Times reported that Acosta mentioned “hundreds of arrestees” were entitled to individual detention hearings within 48 hours.
It was also unclear if the judge’s ruling applied only to the “riot participation” charge and not to assault and criminal mischief charges related to the border stampede.
“So, if the DA’s office is telling me that they are not ready to go, what we’re going to do is we’re going to release all these individuals on their own recognizance,” Acosta said at the hearing.
CBP INCREASES PATROLS AFTER MIGRANT SURGE OVERWHELMS TEXAS NATIONAL GUARD IN EL PASO
More than 100 migrants attempting to enter the U.S. illegally rushed a border wall on March 21, 2024. In the process, the migrants knocked down Texas National Guardsmen before being halted by the border wall. (James Breeden for New York Post/Mega)
Brandon Judd, president of the National Border Patrol Council, previously told Fox News Digital that agents were going through video to see who assaulted the Guardsmen. They will be processed for deportation but maintain the ability to claim asylum. Texas also has the ability to charge the migrants who assaulted them.
Texas has said it still has the authority to stop those coming across illegally by using trespass laws. Gov. Greg Abbott’s spokesperson, Andrew Mahaleris, previously told Fox News Digital, “The surge today (Thursday, March 21) in El Paso is the direct result of the unsustainable chaos President Biden has unleashed on the border. The Texas Military Department and the Texas Department of Public Safety quickly gained control of the situation and are working to repair the damage. These illegal immigrants committed crimes in Texas, and the Department of Public Safety is under instruction to arrest every illegal immigrant involved for committing criminal trespass and destruction of property.”
The Supreme Court briefly allowed Texas’ anti-illegal immigration law, which allows police to arrest illegal immigrants, to go into effect despite a legal challenge from the Biden administration. The law was kicked back down to the Fifth Circuit Court of Appeals, which then blocked it again hours later as arguments proceeded on the merits.
FORMER TOP ICE OFFICIAL SIDES WITH TEXAS GOV. ABBOTT OVER BIDEN IN ONGOING BORDER BATTLE
Migrants rush the border. (James Breeden for New York Post/Mega)
The Biden administration has said the law interferes with federal responsibility over immigration enforcement.
“No. 1, we are facing such dangerous situations. And No. 2, Joe Biden, through his actions, is violating the laws of the United States of America,” Abbott said following the stampede.
Later on Easter Sunday morning, the El Paso Times reported that 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.
Fox News’ Bill Melugin, Adam Shaw and Michael Lee contributed to this report.
