The ACLU and its border affiliates filed an amicus brief arguing, that after the Supreme Court’s Guantanamo decision in Boumediene, there is no basis for the government’s position that the Constitution does not apply abroad.
The following can be attributed to Lee Gelernt, Deputy Director of the National ACLU’s Immigrants’ Rights Project:
This is a monumental case as it opens the door for the families of other Mexican nationals murdered by the US Border Patrol to seek relief in our court system. Any other result by the court of appeals in this case would have meant that border patrol agents could continue to shoot Mexican nationals such as this 15 year-old-child with impunity, free from judicial oversight.
The court properly rejected the notion that the federal government can monitor itself, especially in such an egregious case.”
As the court described the facts in the case, on June 7, 2010, a group of Mexican teenagers were playing on the Mexican side of the border when a border agent detained one of the boys. Hernandez, the victim in this case, retreated but was nonetheless fatally shot by the agent. The district court threw out the lawsuit but the federal court of appeals reinstated the suit, concluding that a Mexican national has Fifth Amendment constitutional due process rights to be free from actions that “shock the conscience,” and other official abuses of power.
This post is part of the thread: Border Patrol Crimes – an ongoing story on this site. View the thread timeline for more context on this post.
35 years in the trucking business and living in Mexico for the past 15 years, make me uniquely qualified to offer my insight and opinion into the Mexican trucking industry and other border issues. A contributor to SiriuxXM Road Dog Channel 106 and to the award winning Lockridge Report, Mexico Trucker Online continues to publish the unvarnished truth about the subjects we cover.