Texas judge dismisses border 'riot' charges against 140 migrants

the U.S.-Mexico border after determining there was no probable cause for their arrests.

County Court at Law 7 Judge Ruben Morales dismissed the 140 cases during a hearing on Monday, April 22, after ruling Texas Department of Public Safety

"After reviewing the affidavit, I don't believe that (probable cause) exists," Morales said during the hearing. "

The migrants will now be released from state custody. However, all 140 migrants are still facing federal charges of illegal entry into the U.S. and will be turned over to federal custody. More: D

The dismissal does not mean the migrants can't be charged with riot participation later. The El Paso District Attorney's Office can still indict them on those charges.

The alleged "riot" happened on April 12 at the U.S.-Mexico near Riverside High School in El Paso's Lower Valley.

"This is nothing more than an attempt to arrest and harass," Childress said during the hearing.

The criminal affidavits against each migrant are the same, with only the defendant's names changed, Childress said.

Childress ended her argument by stating state prosecutors "clearly had no evidence whatsoever."

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