Judge drops riot charges against 200 migrants caught on camera storming through El Paso border

The judge dropped rioting charges against 211 illegal migrants who were caught on camera trying to illegally enter the United States through the El Paso border wall by knocking over the guards and breaking through the razor wireon the basis oftechnicality.

The case was dismissed by El Paso County Judge Ruben Morales at a hearing on Wednesday (May 8), stating his “hands [are] tied” after the state failed to provide the needed transfer order, which is a document for moving the matter from district to county court.

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“If I don’t have jurisdiction, there’s nothing I can do on these cases [except dismiss them],” Moralessaidduring the hearing.

The step came as a huge blow for District Attorney Bill Hicks who was pursuing the cases.

Also Read:Wild scene on US border as 100 migrants hit guards and burst through razor wire

Speaking at a press conference on Thursday (May 9), Hickssaid, “Our office feels strongly … the procedure was appropriate and proper. We feel Judge Morales’ order isan improper order. We have the intention of appealing.”

El Paso County Assistant District Attorney Kyle Lasley had argued that the court of Morales oversaw misdemeanour cases and that he had the jurisdiction.

Meanwhile, Public Defender Kelli Childress said that the “processes were ignored” when the cases were being transferred, and Morales supported her stating that his “hands are tied” without the order transfer.

Some of them may qualify for asylum: District Attorney

Hicks said that the migrants, who broke the razor-wire fences and knocked over National Guard troops and also stomped one of the guards' knee in the melee, will be handed over to federal custody with Customs and Border Protection.

He further stated that some of the rioters may be granted the right to pursue asylum in the United States and then be released in the country.

“Border Patrol will then process them. So some may qualify for asylum, some may not. Some may be deported, some may not,” said Hicks.

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“If eventuallythe court of appeals reverses and we end up with charges here… we’ll issue warrants for their arrest. For those here in the country they may be subject to arrest, for those who are deported, if they come back, they will be subject to arrest," he added.

He further clarified that around 211 migrants “have a criminal history,” however, he added that “most do not.”

The authorities in Texas had arrested all the migrants on riot-related charges after they rushed towards an area known as Gate 36. The riot charges included a maximum penalty of 180 days in prison and up to a $2,000 fine.

(With inputs from agencies)