Federal judge orders release of migrants charged in El Paso border breach

Ruling cites prosecutors' lack of preparedness for detention hearings after migrant group stormed Texas border, cutting razer wire and clashing with the states National Guard.

Federal judge orders release of migrants charged in El Paso border breach
AP Photo/Fernando Llano, File
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A federal judge in El Paso, Texas, ordered the release of migrants who were charged with rioting after a large group overwhelmed border barriers and clashed with the Texas National Guard last month. The judge cited the prosecution's failure to adequately prepare for their detention hearings.

In a ruling on Easter Sunday, Magistrate Judge Humberto Acosta accused the El Paso District Attorney's office of not being ready to proceed with individual detention hearings for each defendant, according to reports from The El Paso Times.

"It is the ruling of the court that all the rioting participation cases will be released on their own recognizance," Acosta stated, although officials confirmed that any defendants subject to prior federal immigration holds would not be released under this order.

The group released represented only a portion of more than 70 migrants arrested after a large crowd, primarily young Venezuelan men, breached border fencing on March 21 near El Paso's Lower Valley by tearing down razor wire. Another hearing for additional defendants involved is scheduled for Monday.

The border breach occurred at "Border Safety Initiative Marker No. 36 in the Riverside area," the Times reported, with the group crashing through the fence after removing the concertina wire.

Some defendants also faced charges of assault and criminal mischief for clashing with National Guard members during the incident. It remained unclear whether Acosta intended for those charged with offenses beyond rioting to also be released on recognizance.

In a recent interview with CBS News, Border Patrol Chief Jason Owens called the situation a "national security threat," expressing particular concern over some 140,000 migrants who evaded arrest after crossing the border illegally.

"Why are they risking their lives and crossing in areas where we can't get to? Why are they hiding? What do they have to hide? What are they bringing in? What is their intent? Where are they coming from?" Owens said. "We simply don't know the answers to those questions. Those things for us are what represent the threat to our communities."

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