According to El Paso Times, a county court judge in El Paso dismissed 140 cases against migrants charged in connection with an alleged riot at the U.S.-Mexico border on April 12. County Court at Law 7 Judge Ruben Morales made the decision during a hearing on Monday, April 22, citing a lack of probable cause for their arrests. Morales ruled that Texas Department of Public Safety (DPS) state troopers had failed to provide sufficient evidence for the mass arrest.
The incident, which occurred near Riverside High School in El Paso’s Lower Valley, led to the arrest of the migrants on charges of riot participation. However, Judge Morales determined that the troopers’ affidavits lacked substantive evidence to justify the arrests. Attorney Kelli Childress, representing the migrants, argued during the hearing that the arrests were unjustified and amounted to harassment.
Despite the dismissal of state charges, the migrants still face federal charges of illegal entry into the U.S. Consequently, they will be transferred to federal custody. The El Paso District Attorney’s Office has the option to indict them on riot participation charges, although no immediate decision was made.
Childress expressed hope that the district attorney’s office would uphold integrity and transparency if they decide to pursue further charges. Meanwhile, two additional cases related to the April 12 encounter were not dismissed, as one suspect is already in federal custody, and the other faces charges of criminal mischief rather than riot participation.
Affidavits filed by DPS state troopers were a focal point during the hearing, with Childress arguing that they relied on hearsay and lacked concrete evidence of the migrants’ involvement in a riot. While state prosecutor Jennifer Vandenbosch contended that the affidavits provided sufficient probable cause, Judge Morales emphasized the specific charge of riot participation in state court, rather than illegal entry into the U.S.
Despite differing arguments, Morales ultimately dismissed the cases, concluding that there was insufficient probable cause for the migrants’ continued detention on riot participation charges. As a result, all 142 migrants remain in U.S. Immigration and Customs Enforcement (ICE) custody on immigration charges, with no trial dates set for the federal charges.
This incident underscores the ongoing tensions and confrontations at the El Paso border fence, highlighting the complexities and challenges of immigration enforcement along the U.S.-Mexico border.