A judge in El Paso County has ordered the release of some migrants charged with rushing the border last month. March 21, hundreds of people rushed toward the border, using cardboard and clothing to cover razor wire.
The migrants rushed past members of the Texas National Guard, hoping to turn themselves in to the U.S. Border Patrol to seek asylum.
"More razor wire installed and more Texas National Guard soldiers deployed in El Paso today. We continue to redouble and reinforce our efforts. Texas will keep taking historic action to protect our state—and our nation—from Biden’s disastrous open border policies," Governor Greg Abbott posted on X the following day.
During a bond hearing Sunday, Presiding Magistrate Judge Humberto Acosta allowed some people charged with "riot participation" to be released from jail. He made the ruling after he said the El Paso County district attorney was not prepared to move forward with detention hearings for each suspect.
"Riot participation" is a Class B misdemeanor. Acosta said people arrested were entitled to a hearing within 48 hours. Some who were arrested were also charged with criminal mischief or assaulting a public servant. Acosta did not clarify if those facing additional charges would also be released.
Migrants facing charges who also have federal immigration holds would remain in jail.
Friday, Abbott said "Operation Lone Star" had led to 506,500 apprehensions since its launch in March of 2021. Operation Lone Star has directed the Texas National Guard and Department of Public Safety to patrol the border to stop illegal crossings.
Abbott said the operation has also led to 41,200 criminal arrests and 36,700 felony charges. He said DPS and the Texas National Guard have also seized 471 million lethal doses of fentanyl.
Separately, the law created by SB4 would add a state crime to people who cross the border illegally. That law has been challenged by the federal government and is currently on hold.
A hearing is scheduled this Wednesday before the 5th Circuit Court of Appeals in New Orleans.
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