Buddhist Catholic Contemplative Evangelical General Christian Hindu Jewish Latter-day Saint Muslim New Visions Progressive Christian

Beliefs

Topics

Columnists

Resource Library

Research Tools

Video

Podcasts

Thought Readers

Faith In Media Tracker

Newsletters

Ad-Free & Subscriber Log-In Subscription Support

Follow Patheos

Catholic News

Home

Home
Catholic
Religion News
Supreme Court hears case of Mexican teen shot at border

Supreme Court hears case of Mexican teen shot at border

Last updated on: February 24, 2017 at 11:25 pm by CNA Daily News

Supreme Court hears case of Mexican teen shot at border 2017-02-24T23:25:00+00:00 CNA Daily News

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

Washington D.C., Feb 24, 2017 / 04:25 pm (CNA).- The Supreme Court this week heard oral arguments in the case of a Mexican teen shot dead by a border patrol agent. But when it comes to legal standing in the case, the situation is far from clear.

“This is a difficult case, as its facts are very compelling for the plaintiffs, but the law is less so,” said Mary G. Leary, professor of law at The Catholic University of America.

Leary spoke with CNA about the case Hernandez v. Mesa currently before the Supreme Court.

At the U.S.-Mexico border in 2010, three Mexican boys played a game of “chicken” by seeing who would run the closest to the border. Fifteen-year-old Sergio Hernandez crossed the border and was noticed by border patrol agent Jesus Mesa. As Hernandez ran back into a culvert between the walls on either side of the border, the agent shot him dead.

Mexico requested that Mesa be extradited for the killing, but the U.S. refused. Hernandez’s family sued for damages, claiming that the Fourth Amendment protects against such use of force on the border.

Although the Hernandez family has appealed to the Constitution, the Fourth Amendment protections might not necessarily apply in the case, Leary said.

“The plaintiffs have made a constitutional claim, but it is far from clear that the Constitution applies to the family of a non-American citizen injured or in this case killed outside the border of the United States,” she stated.

The Fourth Circuit had dismissed the case, saying “the plaintiffs fail to allege a violation of the Fourth Amendment, and that the Fifth Amendment right asserted by the plaintiffs was not clearly established at the time of the complained-of incident.”

Oral arguments in the case of Hernandez v. Mesa were heard by the Supreme Court on Tuesday.

“This tragic case is one of the most simple extraterritorial cases this Court will ever have in front of it,” said Robert Hilliard, arguing for the teen’s family.

“First, all of the conduct of the domestic police officer happened inside the United States. Second, it was a civilian domestic police officer. Third it was a civilian plaintiff, not an enemy combatant. Fourth, it was one of the most fundamental rights, the right to life. Fifth, the other government involved supports – the government of Mexico supports the claim,” he said.

Justice Stephen Breyer admitted that the family has “a very sympathetic case,” but he and other justices were skeptical of issuing a broad ruling that could affect drone killings carried out in foreign countries by citizens operating in the U.S.

Also, justices noted, there is no specific rule on the books dealing with these instances. Lawyers are trying to make the case for the victim’s family by appealing to the Fourth Amendment’s protections against “unreasonable search and seizure.”

Hernandez’s case is not an isolated one, Hilliard insisted, claiming that there have been “at least 10 cross-border shootings” with six deaths of Mexican nationals.

Justice Kennedy asked whether the Court should consider the matter if “this is one of the most sensitive areas of foreign affairs” and “the political branches should discuss with Mexico what the solution ought to be.”

“But isn't this an urgent matter of separation of powers for us to respect the duty that…the executive and the legislative have with respect to foreign affairs?” he asked Hilliard.

When Randolph Ortega argued for Mesa before the Court, justices pressed him on the location of the killing and the role of Border Patrol officers.

“The actor is the Border Patrol member. And the instruction from the United States is very clear: Do not shoot to kill an unarmed, non-dangerous person who is no threat to your safety. Do not shoot to kill. That's U.S. law,” Justice Ruth Bader Ginsburg observed.

“It's the United States law operating on the United States official who's acting inside the United States. This case has, as far as the conduct is concerned, United States written all over it,” she said.

Ortega insisted that “in areas of the United States where there is a clearly defined border, as we have here, the Fourth Amendment stops unless the person seized – in this case Hernandez – had some voluntary contact with the United States.”

Ginsburg asked how it would be different if an officer, standing in the U.S., shot a foreign national in the U.S. versus shooting someone on the border.

“That doesn't make a whole lot of sense, does it, to distinguish those two victims?” she asked.

“I think it's very distinguishable because of the very real border,” Ortega replied. “Wars have been fought to establish borders. The border is very real.”

Previous Post

February 24, 2017

Elderly priest beaten at his home in Spain by masked men

Next Post

February 24, 2017 Archbishop Chaput and his new book are coming to NYC, DC

Browse Our Archives

Select a Category Americas Asia - Pacific Europe Middle East - Africa Uncategorized US Vatican

Select a Month November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012

TAKE THE

Religious Wisdom Quiz

Where did Moses receive the Ten Commandments?

Select your answer to see how you score.

Mount Tabor Mount Carmel Mount Hermon Mount Sinai