Texas will release 250 undocumented migrants who were detained and held in state custody as part of Republican Governor Greg Abbott’s reactionary response to border security because the state had no authority to detain them, the Texas Tribune reports.
A state court ordered the release of the migrants, all men, saying the Abbott policy violated state law and constitutional rights to due process. The migrants have been held for more than a month without any charges being filed, and Texas state law requires defendants in trespassing cases be released without bail after 15 or 30 days, depending on the level of charge sought.
District Judge Roland Andrade, a Republican, complimented county prosecutors and legal aid organizations for cooperating on a plan to get the men released. “I’m glad you all worked out most of these, and hopefully everything will be streamlined a little bit more,” Andrade said. “It’s a learning experience for everybody, even the court here.”
In July, Abbott ordered implementation of law enforcement efforts targeting migrants in response to his claimed perception that the federal government has failed to properly address tens of thousands of migrants at the southern border. Abbott’s plan, though, has been characterized by shoddy policy and implementation which have been shot down by courts or ineffective in handling migrants.
Since July, Abbott’s policy has resulted in 900 people, primarily men, being detained in two Texas prisons that have experienced a lowering prison population. Abbott’s been sued by advocacy groups for separating them from their families, failure to process charges, and failing to coordinating detentions and releases with local and federal officials. The policy has resulted in local and county courts being overwhelmed with new cases forced on them by the state government.