This incident marks yet another blow to the principle of accountability, as it follows the shocking spectacle of 211 migrants, captured on video by The New York Post, charging towards the US border and assaulting Texas National Guardsmen who attempted to repel them back to Mexico.
According to The New York Post, one migrant was even observed trampling on a service member's knee during the chaos. In a surprising turn of events, an El Paso judge dismissed the criminal charges against all the border-crossers on a technicality in May. The implicated migrants were subsequently released from state custody and transferred to ICE, which set 43 of them free, as confirmed by a spokesperson.
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The spokesperson further elaborated that ICE determines who to release on a "case-by-case basis." They stated, "ERO [Enforcement and Removal Operations] officers make decisions on associated enforcement actions and apply prosecutorial discretion, where applicable, in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects the communities we serve."
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However, a Homeland Security source painted a different picture, suggesting that the reality is much more arbitrary. The source revealed that ICE releases migrants into the US because they can't deport them quickly enough and because authorities need to free up space at detention centers for the most dangerous offenders. "Sometimes we arrest a child molester and he gets released because of housing space. Or the charge is not egregious enough to keep him or her in custody," the source disclosed.
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While ICE has released dozens of migrants allegedly involved in the riot, the agency has retained 32 others in custody pending court hearings and 105 in detention awaiting removal from the US. An additional 43 of the alleged rioters have been successfully deported, according to the spokesperson.
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Texas authorities identified nine migrants as instigators of the riot and planned to file felony rioting charges. Two of these individuals were released by Border Patrol shortly after. One of them, Venezuelan national Gabriel Enrique Angarita Carrasquero, 22, who allegedly used a "rope to pull the gate down which subsequently led to the migrant rush," remains at large.
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In a bid to forestall any future violence at the border, Texas has equipped its soldiers and state troopers with non-lethal pepperball guns. A National Guard source previously informed The Post that soldiers now possess "thousands" of pepperballs and have been instructed not to hold back when attempting to halt illegal incursions. The source affirmed that the new tool "has made a massive difference out here on the border," adding that "soldiers are so much safer now."
