In a recent development, El Paso County Judge Ruben Morales has dismissed rioting charges against 211 undocumented immigrants, citing a procedural error.
This decision comes in the wake of a mass border crossing incident that occurred on March 21, where hundreds of undocumented immigrants were captured on video breaching the southern border at El Paso, Texas. The footage showed them dismantling razor wire and overpowering Border Patrol agents and other law enforcement officers stationed at the border.
The dismissal of charges was based on a technicality, as the state failed to provide a necessary transfer order, a document required to move the cases from district to county court. Judge Morales expressed his inability to proceed without this document, stating during the hearing, If I dont have jurisdiction, theres nothing I can do on these cases [except dismiss them].
This ruling has dealt a significant blow to District Attorney Bill Hicks, who had been fervently pursuing these cases. At a press conference held on Thursday, Hicks expressed his disagreement with the decision, stating, Our office feels strongly the procedure was appropriate and proper. We feel Judge Morales order is an improper order. We have the intention of appealing.
El Paso County Assistant District Attorney Kyle Lasley had previously argued that Morales court, which oversees misdemeanor cases, did indeed have jurisdiction over these cases.
The dismissal of charges has further exacerbated the ongoing border crisis under the Biden administration. Some of the individuals involved in the rioting incident will now be able to claim asylum and potentially be released into the country. Hicks stated that the Border Patrol will process these individuals. While some may qualify for asylum, most will not. Some will be deported, but many will not.
Public Defender Kelli Childress argued that "processes were ignored" when transferring the cases. Judge Morales concurred with her but reiterated that his hands were tied without the order transfer documents.
The rioting incident resulted in injuries to law enforcement officers at the border as they attempted to prevent the undocumented immigrants from crossing. One border guard reportedly had his knee stomped in the ensuing chaos. The individuals involved in the rioting will now be released to federal custody with the Border Patrol.
The riot charges carried a maximum penalty of 180 days in jail and up to a $2,000 fine. Most of the undocumented immigrants involved are adult males. Nine individuals were identified as the ringleaders during the stampede, eight of whom are currently in custody. They face additional felony charges, which will be heard separately.
The ninth ringleader, identified as 22-year-old Venezuelan migrant Gabriel Enrique Angarita Carrasquero, remains at large. He was released by the Border Patrol into the United States following the riot and is alleged to have assaulted a Texas soldier, according to an internal federal memo.
Some of the individuals involved in the rioting have already been released. The first group was released on Easter Sunday following a teleconference bond hearing. They were released on their own recognizance. Presiding Magistrate Judge Humberto Acosta stated that the El Paso District Attorney's Office was not ready to proceed with detention hearings for each defendant.
Another group was released later in April by a county court-at-law judge who found no probable cause to continue holding 140 undocumented immigrants at the El Paso County Jail. They had been detained on state riot charges. A public defender argued that the arrest affidavits didn't specify what each individual did or name an officer or agent who witnessed their actions. She suggested that the individuals may have simply followed the crowd and may not have been aware of the violence occurring at the front of the crowd.
Despite these arguments, the fact remains that all these individuals were in the country illegally, having forced their way past border agents and dismantled razor wire. This alone should have been grounds for deportation.
District Attorney Bill Hicks reiterated his disagreement with the ruling at the Thursday press conference, stating, "We argued that it was appropriate and proper, and we feel that very strongly, and we feel that it was done appropriately and that his order is an improper order. We have intentions of appealing his order to the Court of Appeals. It is not a good order. Because of that, and because we feel that the law is on our side, we have every intention of appealing his dismissal orders."
The appeal process is now underway, but the fate of the undocumented immigrants remains uncertain. Despite the clear breach of border security, they are being released into the United States due to a paperwork error. The situation continues to unfold, highlighting the complexities and challenges of the ongoing border crisis.
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