After initially saying video evidence of at least 13 illegal immigrants beating two NYPD officers would not be enough to hold them, Manhattan District Attorney Alvin Bragg now says he will present evidence to a grand jury on Tuesday to charge them with the crimes.

"Our office continues to work with law enforcement to bring everyone responsible for these heinous attacks to justice. It is clear from video and other evidence that some of the most culpable individuals have not yet been identified or arrested, and we are working hand in hand with the NYPD to find and hold them accountable for their despicable acts," Bragg said in a statement on Saturday.

"We will not rest until every person who assaulted a police officer in this awful attack is held accountable," he added.

But here's the problem: at least four of the migrants who were caught on video attacking the officers are believed to have fled to California using fake names with the help of a refugee charity.

"Bail eligible"

Bragg ignored questions from reporters on Friday about why he let the migrants go initially.

New York Gov. Kathy Hochul (D) said in a press conference that she thought the migrants should have been held instead of being released and told reporters she would be speaking to Bragg about his reasoning for their release.

"Certainly an assault on a police officer is bail eligible," Hochul said.

She added: "There are over 100 crimes that also can lead to deportation, and so that is also something I want to have a conversation with the district attorney about – his options here."

Growing problem

Several migrants who were involved were arrested in Phoenix on Monday night.

One who was arrested at the scene did have bail attached and is in jail at Rikers.

Former NYPD Chief of Department and current NBC New York consultant Terry Monahan said that crime by migrants living in shelters in the city is becoming a bigger problem as the numbers grow.

"A lot of times it shows it's a first arrest for that individual because it’s the first time they’re here. And they’re getting sent right back out on the streets to do it again," Monahan said.

Police have pushed back against the lack of action.

"Why aren't they in jail right now? They brutally attacked a police officer and a lieutenant. Our criminal justice system is upside down," Police Benevolent Association President Patrick Hendry said.