“Those unlawfully incarcerated in Kinney County have become pawns in the larger political debate about whether the Biden administration is adequately addressing border crossings,” attorney E.G. Morris wrote. Via TexasTribune
without having any criminal charges filed against them. Dozens had not been assigned a lawyer.
The state brought in judges, prosecutors and defense attorneys to help with the caseload, and court hearings soon picked up speed. From October to February, Kinney County reported holding nearly 1,700 court hearings for the trespassing cases, resulting in nearly 500 men pleading guilty.more than 3,000 criminal trespassing arrests, the large majority of which have occurred in Kinney County.
And getting courts to release men who have been detained beyond legal deadlines is hard to do in the conservative border county, the lawyers said. Such delays have only worsened, they said, after Kinney County Judge Tully Shahanwho had been hearing such cases and releasing unlawfully imprisoned men, swapping them out with five judges of his own choosing.
The delays, defense attorneys argue, are what prompted the men to seek relief from their due-process violations outside of Kinney County, the focus of the lawsuit before the Texas Court of Criminal Appeals.
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