In a move that has sparked both relief and frustration, an El Paso county court judge has dismissed charges against 59 migrants accused of participating in a “riot” near the border wall in April.
This marks the third time that charges related to this incident have been dismissed.
County Court of Law Judge Ruben Morales ruled on June 6 that his court lacked jurisdiction over the case, echoing previous dismissals due to procedural errors and lack of probable cause.
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El Paso Public Defender Kelli Childress, whose office represented 14 of the migrants, hailed the dismissal as a victory for due process, telling KFOX14, “We are pleased with Judge Morales’ decision and believe it upholds the fundamental principle of innocent until proven guilty.”
However, Texas Department of Public Safety (DPS) Director Colonel Steven McCraw expressed disappointment with the ruling. He maintained that the migrants’ actions posed a threat to border security and that the dismissals undermined the DPS’s efforts to maintain order in the border region.
The April incident involved a group of migrants, primarily from Venezuela, who were allegedly throwing rocks and debris at law enforcement officers near the border wall. DPS officers responded with force, using tear gas and less lethal weapons to disperse the crowd.
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Civil rights groups have criticized the DPS’s response as excessive and have accused the agency of targeting migrants. Fernando Garcia, Executive Director of the Border Network for Human Rights, said, “These repeated dismissals should serve as a wake-up call to the DPS that their heavy-handed tactics and unfounded accusations against migrants will not stand in a court of law.”
The El Paso District Attorney’s office has yet to announce whether they will refile charges or pursue other legal avenues. The fate of the accused migrants remains uncertain as they continue to face immigration proceedings and the possibility of deportation.
This case highlights the ongoing tension between state and federal authorities over border security and the treatment of migrants.
As the legal battle continues, the El Paso community remains divided over the issue, with some supporting the DPS’s actions and others condemning them.
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