Texas Grand Jury Overrides Judge Over Illegal Entry

Hundreds of illegal aliens crossed the border in the El Paso sector, and were charged with misdemeanor rioting. Somehow, a judge found there was no evidence, despite law enforcement having video and photos and eye witness reports

Migrants indicted in Texas over alleged border breach after judge dismissed charges

A Texas grand jury indicted more than 140 migrants on misdemeanor rioting charges Tuesday over an alleged mass attempt to breach the U.S.-Mexico border, a day after a judge threw out the cases.

No injuries were reported during the alleged breach on April 12 in El Paso, which authorities say began when someone in the group cut through a razor wire barrier. Mass arrests also followed a separate episode in the Texas border city in March.

On Monday, a county judge had thrown out the charges against those who were arrested this month, ruling there was insufficient probable cause. A public defender representing the migrants had argued there was not enough evidence and accused authorities of trying to make headlines.

“The citizens of El Paso, through the grand jury, essentially overruled the judge’s ruling and found probable cause to believe that the riots did occur,” El Paso County District Attorney Bill Hicks told reporters Tuesday.

The public defender is just doing their job. I’m not sure what’s going on with the judge, since they did, in fact, cross the border. Now, of course, the saying is that a grand jury could indict a ham sandwich. Now they have to prosecute.

If convicted, those charged could each face up to 180 days in county jail and a fine of up to $2,000. Those in jail still face federal charges, and Hicks said U.S. Immigration and Customs Enforcement agents could still pick them up from jail to process them on an illegal entry offense.

At which point they would normally be turned over to federal authorities, usually ICE. Since they would now have a criminal record it would be very easy to quickly deport them under federal law. But, will Texas simply deport them under their own recently passed laws? Perhaps just say “time served, get out”?

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