“I have clients that appear from shacks in Honduras and walk to the next village in...
Texas Gov. Greg Abbott, right, shakes a National Guard member's hand after speaking during a news conference along the Rio Grande, Tuesday, Sept. 21, 2021, in Del Rio, Texas. The U.S. is flying Haitians camped in a Texas border town back to their homeland and blocking others from crossing the border from Mexico. Migrants arrested on trespass charges under Gov.
“I have clients that appear from shacks in Honduras and walk to the next village in Mexico to get cell service,” said Kristin Etter, an attorney with Texas RioGrande Legal Aid, a nonprofit that is appealing the cases involving deported migrants.As Abbott orders state police to return migrants to border, critics on the right say it’s not enough
While it's not unprecedented for migrants to be prosecuted after they're expelled from the country, it's unusual for the cases to proceed over such low-level offenses, and on such a broad scale, defense lawyers said. The prolonged prosecutions were not as common in the early days of Operation Lone Star, last summer and into the fall, when most clients were able to stay in the country upon being released, Etter said. Now, she estimated, more than half are removed from the country upon their release from state custody.
RioGrande Legal Aid is in the midst of appealing more cases and Etter said it plans to challenge each charge involving migrants who are deported before their cases are resolved. The challenges have so far ended up before Texas’ 4th Court of Appeals, after trial courts in some border counties rejected Etter’s legal arguments.
“It seems Appellant voluntarily took advantage of making bail, and is now complaining that being released somehow deprived him of his Constitutional rights,” Smith wrote in opposition to one of the appeals. He conceded that a deportation “would likely serve as a viable defense” for failing to appear before the court in person.
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