El Paso judge orders release of migrants accused of 'border riot'

An El Paso magistrate judge on Easter Sunday ordered the release of migrants accused in a "border riot" when a stampede overwhelmed National Guard troops along the Rio Grande.

Court officials noted that undocumented migrants will stay jailed if there is a federal immigration hold blocking their release.

The Texas Department of Public Safety booked about 220 people on riot charges, of those 39 have been processed to be released to U.S. Immigration and Customs Enforcement and remain jailed on immigration detainers, a spokeswoman for the El Paso County Sheriff's Office said Monday.

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Presiding Magistrate Judge Humberto Acosta made his ruling on Sunday, March 31, 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. Another hearing for more defendants was expected Monday.

"It is the ruling of the court that all the rioting participation cases will be released on their own recognizance," Acosta ordered on Sunday.

On Monday, hearings for about 40 more defendants in the riot case were waived. In an unusual tactic, El Paso Public Defender Kelli Childress requested the defendants remain at the El Paso County Jail because if they were released and taken to an immigration center then defense attorneys would be unable to communicate with them, she said.

On Monday, Assistant District Attorney Jennifer Vandenbosch pointed out that the state was prepared to proceed with each hearing.

The arrests were made by the Texas Department of Public Safety in connection with a March 21 stampede of asylum-seeking migrants — mostly men from Venezuela — who torn down razor wire along the Rio Grande and rushed the border fence at Border Safety Initiative Marker No. 36 in the Riverside area of El Paso's Lower Valley.

Some migrants face charges of assault of a public servant for knocking down Texas National Guard troops before order was regained. The migrants had sought to surrender themselves to U.S. Border Patrol in bids for asylum or other immigration relief.

El Paso 'riot' arrests in the 'hundreds'

It was unclear if the judge's ruling applied only to the "riot participation" charge and not to assault and criminal mischief charges related to the chaotic border rush.

Migrants were booked on a charge of "riot participation," a Class B misdemeanor. Acosta mentioned "hundreds of arrestees" were entitled to individual detention hearings within 48 hours.

A request by Assistant District Attorney Ashley M. Martinez on Sunday for a continuance to have the hearings at a later date was rejected by Acosta.

"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.

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Later on Sunday morning, two other migrants, including a Colombian man, had separate hearings on criminal mischief charges for allegedly cutting border fencing. They were jailed under a $2,000 bond each. Magistrate Judge Antonio Aun granted their release on personal recognizance bonds. Both men have immigration holds.

The El Paso District Attorney's Office could not be immediately reached for comment on Sunday because of the Easter holiday weekend. County offices were closed Friday for Good Friday and will be closed on Monday for César Chávez Day.

Texas National Guard surges forces to El Paso border

Last week, the state sent 700 National Guard soldiers to El Paso, including flying in more than 200 soldiers with the Texas Tactical Border Force to bolster border enforcement. The force includes infantry, scouts, mechanics and medics.

An Operation Lone Star video shows troops boarding a transport plane and on the border with riot shields moving migrants back so crews could replace rolls of damaged razor wire along the banks of the Rio Grande.