An El Paso magistrate judge has ordered the release of illegal aliens who were detained in connection with a border entry point riot that overwhelmed Texas National Guard troops.
According to a report from the El Paso Times, the Easter Sunday order was handed down by Magistrate Judge Humberto Acosta during an online teleconference bond hearing. The judge accused the El Paso District Attorney's office of not being ready to proceed with detention hearings for each defendant.
“It is the ruling of the court that all the rioting participation cases will be released on their own recognizance,” Acosta ruled.
The arrests were made by the Texas Department of Safety following a March 21 incident where a mob of illegal aliens tore down border fencing and assaulted Texas National Guard personnel as they tried to gain entry to the United States. The mob of mostly Venezuelan men overwhelmed National Guard troops in the Riverside area of El Paso's lower valley.
Some members of the mob face charges of assault of a public servant for knocking down national guard personnel. The illegal aliens had sought to bypass Texas border security and instead surrender themselves to federal Border Patrol agents in hopes of having their asylum claims processed.
The El Paso Times noted that it is unclear whether Judge Acosta's ruling applied only to charges of “riot participation” rather than more serious charges of assault on law enforcement personnel. It is unknown how many illegal aliens have been charged with riot participation, though Acosta noted that “hundreds of arrestees” were entitled to individual detention hearings within 48 hours.
Assistant District Attorney Ashley M. Martinez asked for a continuance in order to resume the hearings at a later date. This request was denied by Judge 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 during Sunday's hearing.
Court officials noted that arrested illegal aliens will remain detained if there is a federal immigration hold blocking their release.
Another hearing for additional defendants is currently scheduled for Monday.
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