Sep 28, 2021 - Politics & Policy

Texas to release nearly 250 migrants imprisoned under "catch and jail" policy

Shawna Chen

Photo of Greg Abbott speaking while raising a hand — Photo: Tom Fox/Pool via Getty Images

Texas will release nearly 250 migrants who were arrested under Gov. Greg Abbott's "catch and jail" border policy and imprisoned for over a month without being charged, The Texas Tribune reports.

Why it matters: Under Texas law, criminal defendants must be released from jail on a no-cost or affordable bond if prosecutors fail to file charges within a certain time frame.

Defense attorneys had argued that the continued imprisonment of the migrants constitutes widespread violation of state law and constitutional rights to due process.
The deadline for trespassing, which the vast majority of migrants were arrested for, is 15 or 30 days depending on the charge level.

Details: A state district judge granted a motion to release the migrants on Tuesday after migrants' attorneys secured agreements with the Val Verde county attorney and Kinney County prosecutors.

Val Verde will release 75 migrants, while Kinney County will release 168.

Yes, but: It's unclear what comes next. Migrants could face deportation if federal immigration authorities choose to detain them or stay in the U.S. to await legal proceedings, the Tribune notes.

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Texas to release nearly 250 migrants imprisoned under "catch and jail" policy

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