Cross-border shootings in Supreme Court



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Sergio Hernandez, a 15-year-old teenager, was shot and killed by the officer in 2010 while he was standing behind a pillar in Mexico. Hernandez's family said that the officer had violated his constitutional rights.

The case comes as lower courts have split on whether agents can be held responsible for the deaths of migrants at the border and that the Trump administration is considering more measures to reduce migration .

Solicitor General Noel Francisco claimed that the family of the teenager could not go to court to sue for damages.

In his memoirs, Francisco argued that "imposing compensation on foreigners aggrieved abroad by US government officials would involve foreign policy considerations relevant to the political branches" and would involve the courts in delicate international diplomacy cases. which "could jeopardize the government's ability to speak with one voice in international affairs".

Francisco urged the judges to seize the case the next time and to confirm the opinion of a lower court that prevented the family's lawsuit from advancing. Francisco said the Supreme Court should hear the case because the lower courts have split on the issue.

The decision of the court of appeal in the Hernandez case, for example, contradicts a decision in the case of another cross-border shootings, which took place along the Arizona-Mexico border in 2012.

In 2010, Hernandez was with friends on a concrete culvert that separates El Paso, Texas, from Ciudad Juarez, Mexico. The international border passes in the middle of the culvert.

Hernandez's parents say their son and the others are playing a game: cross the border, touch a fence, and then return to the Mexican soil. They accused Jesus Mesa Jr., the border patrol officer, of arriving on the scene and shooting their son.

The shooting of a Mexican national led by an American Border Patrol goes to the Supreme Court

According to the government, Mesa used force only after Hernandez refused to follow orders to stop throwing stones.

The Ministry of Justice refused to file a criminal complaint against Mesa in 2012.

Mexico's lawyers have filed with the judges a memoir of the court's friend urging them to take up the case, saying that in the "last years", agents of the monitoring agencies US borders have killed "dozens of people at the US border or the Mexican border."

"When United States Government officials violate the fundamental rights of Mexican nationals and other Mexican nationals, Mexico's priority is to ensure that the United States has provided the appropriate means to hold agents accountable. responsible and compensate the victims, "they wrote. , adding that the United States would expect "nothing less" if the situation was reversed.

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