Texas Judge Orders Release of Illegal Immigrants Accused of Border Riot

A Texas National Guard soldier watches over a group of more than 1,000 illegal immigrants who had crossed the Rio Grande from Mexico to Eagle Pass, Texas, on Dec. 18, 2023. John Moore/Getty Images

Some illegal immigrants who were allegedly involved in a stampede that overwhelmed troops at the U.S.–Mexico border were released by a local Texas judge on March 31.

Presiding Magistrate Judge Humberto Acosta in El Paso issued the ruling during a teleconference bond hearing, arguing that the El Paso District Attorney’s Office isn’t ready to proceed with hearings for the defendants, the El Paso Times and other outlets reported.

“It is the ruling of the court that all the rioting participation cases will be released on their own recognizance,” Judge Acosta ordered during the hearing.

“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.”

A local assistant district attorney, Ashley Martinez, submitted a request for a continuance to have hearings at a later time. But the judge rejected it, the El Paso Times reported.

Dozens of Venezuelan nationals were charged last week with riot participation following the incident, according to Border Report, which cited state court records.

On March 21, individuals who recently illegally crossed into the United States were arrested by the Texas Department of Public Safety in connection to a riot during which illegal aliens tore down razor wire along the Rio Grande and rushed at a nearby border fence, according to footage. The defendants also faced assault and criminal mischief charges.

The ruling came after the Texas National Guard and other local law enforcement officials were sent to El Paso, which is located just across the border from Ciudad Juarez, Mexico, according to a March 29 statement issued by the governor’s office.

“Earlier this week, the Texas National Guard surged personnel and resources to ramp up border security activity in El Paso. Approximately 200 soldiers were deployed to support existing ground forces to reinforce existing border barriers and repel illegal crossings,” his office said.

Photos released in local media show troops entering a transport plane and also appearing near the border area.

A spokesperson for the Texas Military Department told KTSM-TV that the troops specialize in civil disturbances.

El Paso Mayor Oscar Leeser, a Democrat, said he did not request the National Guard troops.

“You’re talking about the National Guard. It’s something that we didn’t request, and we won’t request from the state of Texas,” he said last week.

Arrests Up

Officials last week said the number of arrests for illegally crossing the U.S. southern border was higher in February than in the previous month.

According to figures from Customs and Border Protection, Border Patrol agents made 140,644 arrests of people attempting to enter the country between the legal border crossing points during February. The figures are part of a range of data related to immigration, trade, and fentanyl seizures that are released monthly by the agency.

The Border Patrol tallied 249,785 arrests in December 2023—a record high that increased tensions over illegal immigration—before the number of arrests plunged in January.

Texas Law Fight

A Texas law that allows state law enforcement officials to arrest people suspected of being illegal immigrants remains on hold amid an appeals process. An appeals court last month placed a pause on enforcement of the law, called SB4, weeks after a federal judge halted the order.

Several weeks ago, the U.S. Supreme Court allowed Texas to enforce SB4, returning the case to the Fifth U.S. Circuit Court of Appeals. The appeals court then blocked the state from enforcing it just hours later. Arguments regarding the law will be held in court this week.

Texas National Guard agents prevent migrants from Venezuela from crossing a barbed wire fence to at the El Paso Sector Border after crossing the Rio Grande from Ciudad Juarez, Chihuahua State, Mexico, on Feb. 29, 2024. Herika Martinez/AFP via Getty Images

Texas Gov. Greg Abbott, a Republican who has become a prominent critic of President Joe Biden’s border policies, said SB4 is a necessary law to deter illegal immigration in his state. He has argued that the Biden administration has done little to curb the flow into the United States.

Last week, House Speaker Mike Johnson (R-La.) visited the state to meet with Mr. Abbott.

“By opening the border to criminals, traffickers, and cartels, the Biden administration is actively endangering the American people, our families, ranchers, and law enforcement,” the House speaker said in a statement after the visit. “When the federal government fails to perform its constitutional duty to protect our borders, states have no choice but to fill that role.”

The Associated Press contributed to this report.