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Texas should release almost 250 undocumented immigrants who were arrested under Governor Greg Abbott’s “catch and jail” border security policy and who have been in prison for more than a month without being charged with crimes, according to Texas Tribune.
State District Judge Roland Andrade granted a motion to release migrants on bail at no cost Tuesday, after defense attorneys challenged the continued incarceration of hundreds of migrants , citing widespread violations of state law and constitutional rights to due process.
The law of Texas requires criminal defendants to be released from jail without posting a bond or with the posting of a bond affordable, if prosecutors delay cases by not p file charges quickly.
For the raid, an accusation for which the vast majority of migrants were detained, that term is set at 15 or 30 days, depending on the level of prosecution.
Kristen Etter, attorney from Texas RioGrande Legal Aid, explained to the judge that his organization had reached an agreement with the Val Verde County prosecutor to release some 55 immigrants to the no charges had been brought after 15 days of arrest, the newspaper reported The Texas Tribune.
A settlement was also reached with Kinney County prosecutors that free others 168 accused who had not been charged in 30 days or more plus
Abbott gave the order to arrest and indicting migrants for misdemeanors at the end of last May as part of its plan to strengthen border security amid criticism of the government of President Joe Biden .
The governor signed a declaration of state of emergency due to the increase in the migratory flow through the Texas border registered in recent months .
By the end of August more than 500 immigrants had been detained by the authorities of Texas.
State judge-ordered releases are the latest stumbling block in Abbott’s new state criminal justice system for migrants, which has been plagued with problems since it started in July.
N or is it clear if after the undocumented immigrants are released, the immigration authorities will take their custody.