Thursday, 19 July, 2018

US Supreme Court tosses cross-border shooting case back to lower court

Bob Price27 Jun 2017Falfurrias TX0 27 Jun 2017 27 Jun 2017 Bob Price27 Jun 2017Falfurrias TX0 27 Jun 2017 27 Jun 2017
Sandy Vega | 28 June, 2017, 03:20

The Border Patrol changed its use-of-force policies in the wake of Hernandez's death and other controversial cross-border shootings of alleged rock throwers.

Mesa then returned to the USA side of the border, where his shot from 60 feet away killed Sergio as the teen peeked out from behind a concrete pillar.

Rescue beacons are located along popular routes and can be activated if migrants become distressed.

According to the Department of Homeland Security, on Wednesday, while Border Patrol was tracking a group of undocumented immigrants, they happened upon a woman who appeared to be suffering from a heat stroke.

After finding her unconscious, the agents carried her several hundred yards to where their vehicle was parked.

Today, the United States Supreme Court vacated the opinion of the Court of Appeals for the Fifth Circuit and held that a fifteen-year-old Mexican national, standing on Mexican soil and shot by a border patrol agent standing in the United States, may indeed have Fourth Amendment constitutional protections. The high court sent the case back to a lower court for reconsideration.

The case has played out amid tensions between the United States and Mexico over the border and President Donald Trump's pledge to crack down on illegal immigration, which he blames for crime and drug smuggling.

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Justice Clarence Thomas dissented in Monday's decision, saying he would prefer upholding the 5th Circuit ruling. "When they draw their weapons and aim across our border, they now know that this is not a free killing zone, where lawlessness is unchecked and shootings are not investigated", Hillard said.

Hilliard said he "looks forward" to debating whether protections "apply to Sergio (Hernandez) and others like him", who have been shot in similar cases along the Southwestern border. This decision affirms that the right to life is the single most fundamental human right and protecting it is paramount in our society.

Lower courts dismissed the parents' lawsuit, in which they claim Mesa violated Hernández's rights under the Fourth and Fifth Amendments of the US Constitution.

The shooting brought a torrent of global criticism among human rights, border and immigration organizations, all demanding a full investigation and prosecution.

In that case, the family of Jose Antonio Elena Rodriguez, 16, sued Border Patrol Agent Lonnie Swartz, who was on the Arizona side of the border when he repeatedly shot Rodriguez, who was on the Sonora side of the border.

Attorneys for the family have argued that the lawsuit against Mesa should proceed partly because of a 1979 case, Bivens v. The report said 19 of the shootings killed the victims. The video revealed the boys had been playing a game in which they ran to the border fence and touched it.

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