Texas court orders release of more than 200 migrants imprisoned in Gov. Greg Abbott’s border security clampdown

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Texas is expected to release more than 220 migrants who were arrested as part of the border security policy by Governor Greg Abbott and were in jail for over a month without being charged with a crime.

A state district judge granted a motion to release the men in exchange for free bonds Tuesday morning after defense attorneys challenged the continued detention of hundreds of migrants, citing widespread violations of state law and due process. Texas law requires criminal defendants to be released from prison on free or affordable bail if prosecutors delay cases by not bringing charges quickly. For trespassing, the charge on which the vast majority of migrants were arrested, this period is 15 or 30 days depending on the count.

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Kristen Etter, a Texas RioGrande Legal Aid attorney who represents the migrants, said at the hearing before District Judge Roland Andrade that her organization had reached an agreement with the Val Verde District Attorney to release about 55 defendants arrested there without charge more than 15 days since September 15th. Kinney County attorneys approved the release of an additional 168 defendants, who had not been charged in 30 days or more.

“I’m glad you all worked most of it out and I hope it will tighten up a bit,” said Andrade at the end of the hearing. “It’s a learning experience for everyone, even for the court here.”

It is unclear what will happen to the men when they are released from state custody. They can either be detained or deported by federal immigration authorities, or they can be released to the United States while awaiting their criminal and potential immigration trial.

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Etter argued that the men should be released after 15 days, as would be the case in typical trespassing cases. Kinney County countered that the disaster declaration Abbott has requested at the border elevates cases to higher levels of misdemeanor, which would give officials 30 days to prosecute.

The men were part of Abbott’s new policy of arresting migrants charged with illegally crossing the border on state charges such as trespassing, as state police and courts have no jurisdiction over federal immigration law. Abbott blames President Joe Biden’s immigration policy for the surge in border crossings this year.

The new system has had problems since the arrests began in July. Migrants have been unjustly separated from their families during arrests, men who have closed their criminal cases have been released in border towns without any federal or state coordination without any documentation, and the judicial system has broken state law with its delays in bringing charges Appoint lawyers.

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