The dismissal of riot charges against 211 migrants who stormed the border in El Paso, Texas — a dramatic and violent scene captured on video by The Post on March 21 — is demoralizing for those on the ground trying to control the flow of illegal crossings, a Texas National Guard soldier told The Post.
During the riot, the migrants tore through wire barriers erected by the state and assaulted soldiers, who had been organizing them to be processed by Border Patrol.
One soldier had his knee stomped during the chaotic scene.
After the charges were dropped, those accused of taking part in the melee were released from local custody.
The lack of consequences will fuel more attacks against authorities at the border, the soldier said.
“These El Paso liberals are literally siding with criminals over our own police and military,” the soldier, who is working at the border as part of Operation Lone Star, told The Post.
“All it does is send a message that illegals can do whatever they want and get away with it. It sets a precedent and will encourage more behavior like that going forward.”
Those who were acquitted, all of whom had illegally crossed into the country, were handed to federal authorities for processing at the end of last week, according to El Paso District Attorney Bill Hicks.
He said it was likely some of them would be released into the US to pursue asylum.
Federal authorities did not respond to requests for comment about whether any of the migrants were still in custody Tuesday or if any had been released into the US, and if so, whether they had been placed on an electronic monitoring scheme.
El Paso County Judge Ruben Morales dismissed the cases May 8, saying his “hands [are] tied” after the state was accused of not providing the necessary paperwork.
“If I don’t have jurisdiction, there’s nothing I can do on these cases [except dismiss them],” he said during the hearing.
The prosecution and defense had argued in court about the matter and Hicks later called the judge’s order “improper” and vowed his office will appeal.
However, with most migrants released from federal custody within 72 hours, by the time an appeal is heard, those who aren’t deported are likely to be long gone from Texas.
The riot charges carried a maximum penalty of 180 days in jail and a fine of up to $2,000.
“If eventually the court of appeals reverses and we end up with charges here … we’ll issue warrants for 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,” Hicks said.
Some of the 211 migrants have criminal histories, Hicks said, although he added that “most do not.”
Hicks’ office didn’t respond to The Post’s request for comment Tuesday.
The stampede involved nine migrants who were later identified as “ringleaders” of the incident.
Eight of the instigators are in custody facing felony charges, which are being heard separately from the riot charges.
However, one of the alleged instigators, Venezuelan migrant Gabriel Enrique Angarita Carrasquero, 22, remains at large.
Border Patrol had released him into the country following the incident, even though he stands accused of assaulting a Texas soldier, according to an internal federal memo on his case previously reviewed by The Post.
Following the incursion, Texas sent hundreds of additional troops to El Paso, adding more fencing to deter illegal crossings as part of Operation Lone Star, the state’s effort to control the border chaos.
Since stepping up border security, the flow of migrants has moved west and San Diego has become the new epicenter for illegal crossings, with border agents making roughly 37,000 arrests of illegal migrants in April alone.
More than 7 million people have been caught by agents illegally crossing the southern border since President Biden took office in 2021, the latest CBP data show.
Since the fiscal year started on October 1, 2023, Border Patrol has encountered just under 1 million people attempting to cross the border.
