Guinevere E. Moore writes: A United States court has all but declared open season on Mexican nationals along the US-Mexico border. Border patrol agents may shoot foreign nationals in Mexico with impunity – provided that those at whom they aim are standing within feet of US territory.
According to a ruling by the US Court of Appeals for the Fifth Circuit last week, agents who shoot and kill people in Mexico while standing on US soil will never be held to account, except before their administrative agencies. No court will ever review these actions and the families of the victims will be left with no avenue for justice. An agent’s actions will not be governed or restrained by the constitution nor subject to review by US courts.
This isn’t a hypothetic situtation: all of this has already happened.
On 7 June, 2010, a US border patrol agent shot and killed a 15-year-old Mexican boy, Sergio Hernandez, who was standing on the Mexican side of the border. The border patrol agent who drew his firearm and shot Hernandez twice, including a fatal shot to the head, alleged that the boy had been throwing rocks.
After three days on administrative leave and an administrative review of his actions, the agent returned to his duties. No criminal charges were filed, and the United States has refused to extradite the agent to stand trial for murder in Mexico. [Continue reading…]