Illegal Immigrants Can Sue Border Patrol Agents

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Illegal immigrants have been given constitutional rights when they are on the border. They can also sue border patrol agents, even as they cross over our border illegally, according to a new federal court ruling.

It’s the first case of its kind and follows the shooting of a 15-year old Mexican boy on the border.  The family has filed a $25 million lawsuit.

So far families of six Mexicans who were killed by agents as they illegally crossed the border are affected.

According to the suit, Border Patrol Agent Jesus Mesa Jr. was patrolling on a bicycle when he came upon a group of boys who had been running up a concrete drainage culvert and touching the U.S. fence line.

When Mesa detained one of the boys, the rest of the group allegedly began to throw rocks at the agent. Mesa then raised his firearm and fired shots at the group, striking Hernández Güereca twice, once fatally in the head.

Hernández Güereca

Hernández Güereca, photo taken at his wake.

Hernández Güereca_1

The photo of a considerably younger Hernández Güereca used by the media.

The shooting was recorded in a cellphone video that was aired internationally by a Spanish-language television network.

The video shows an encounter that begins when a group of men try to cross a border fence near the railroad Black Bridge, just west of the Paso del Norte Bridge.

A Border Patrol agent is seen arriving on a bicycle, and rocks are allegedly being thrown at the agent while he tries to detain a man on the U.S. edge of the river. The agent is seen pointing his handgun, and three gunshots are heard.

Güereca can then be seen lying on the ground at the foot of the Black Bridge on the Mexican side of the mostly dry river. It is not shown if he was throwing rocks.

The video:

U.S. law enforcement officials said Güereca had a criminal record of sneaking undocumented immigrants across the border.

This is a sympathetic case because of the youth’s age and because of the story being told by those who were with Güereca, which is why it was chosen by the ACLU. Many might like to see the family compensated, however, it might be at the expense of our Constitution. It also has the potential effect of disarming our agents.

The court found Agent Mesa acted with “shocking malice or wantonness.” The Border Patrol union has not yet responded.

Agents said the boy was throwing rocks but there are witnesses who say otherwise.

Open border groups are hailing the ruling.

Regardless of the right or wrong in this case, the agent has to be held accountable by US authorities but should he be held accountable by a civil court representing foreigners? The DOJ is investigating.

The courts are essentially giving constitutional rights to foreigners and legislating away our Constitution from the bench.

The court argued that the border could become areas “of lawlessness” if they ruled otherwise, a grave insult to U.S. law enforcement.

Mexico would not allow a similar lawsuit.

The boy’s attorney is an ACLU staff attorney. The ACLU, founded in Stalinism, is a communist front group, though they would deny it. They are diametrically opposed to our Declaration of Independence though they will fight for free speech because it affects them.

ACLU founder Roger Baldwin’s vision as he defined it: “I am for socialism, disarmament, and, ultimately, for abolishing the state itself… I seek the social ownership of property, the abolition of the propertied class, and the sole control of those who produce wealth. Communism is the goal.”

The ACLU is counter-constitutional.

A lower court ruling said that the family could not sue the US government, the Border Patrol or the agent’s supervisors under the Fourth Amendment (illegal search and seizure) because the youth was not a US citizen.

The same court said the family could sue under the Fifth Amendment over “arbitrary conduct that shocks the conscience,” the court ruled, because it applies more broadly to “any person.”

The court said constitutional protection applies along the border. They also said the border is not a de facto part of the United States but rather a location where the US projects “hard power.”

The liberal judges and communists at the ACLU are chipping away at our Constitution, using the sympathy factor and potentially wrongful behavior by a US agent to do it.

Our Constitution is our rule of law – it is the law of the land – and it applies to natural born or naturalized citizens, not streams of foreigners coming here illegally or terrorists sitting in GITMO but the president and courts are ruling otherwise.

The intent of the Framers was that only citizens of the United States whether born or naturalized are granted the rights and privileges that are available in America.

Jesus diaz

Former agent Jesus Diaz

The border patrol has been under assault whenever they use force since Obama came into office. Take the case of Jesus Diaz who lost his career and ended up with a felony conviction for slamming a drug smuggler to the ground. He allegedly deprived the smuggler of his constitutional rights though not a U.S. citizen. The drug smuggler, a 15-year old, was given a U.S. visa.

Meanwhile, Mexico refuses to release Sgt. Andrew Tahmooressi, a soldier who fought bravely through two tours of duty in Afghanistan, after he got lost and crossed into the Mexican side of the border with legally registered guns in his car.

What do you think?

Read more at USA Today and El Paso Times

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