A man running up an embankment on the Mexican side of the Rio Grande after trying to cross illegally into the United States at El Paso in 2007. Photo Credit Chip Somodevilla/Getty Images

An Agent Shot a Boy Across the U.S. Border. Can His Parents Sue?

Article in The New York Times
17 October, 2016

“In June of 2010, four boys were playing in the dry bed of the Rio Grande that separates El Paso from Juárez, Mexico. The international borderline, unmarked, runs through the middle of the culvert.

The boys dared one another to run up a concrete incline and touch the barbed wire of the American border fence.

An American border guard, Jesus Mesa Jr., grabbed one of them. Another boy, Sergio Hernández Guereca, fled, and he made it back to Mexico before Mr. Mesa shot him in the head from about 60 feet away, killing him. Sergio was 15.

Last week, the Supreme Court agreed to decide whether Sergio’s parents may sue Mr. Mesa for violating the Constitution by using excessive force. If not, lawyers for the parents argue, then Sergio died in “a unique no-man’s land — a law-free zone in which U.S. agents can kill innocent civilians with impunity.””

The Administration has shown very little regard for human life and the principles which should frame border enforcement by arguing that the claim should be rejected. If the Supreme Court were to deny the claim, it would send a terrible message to the world about the value of and respect for human life, the lawlessness of American border enforcement and the irresponsibility – if not cowardice – of the American judiciary in performing its duty to keep law enforcement to a high standard.

To read the full article, please click on the following link.

Share this: