Quote:...15-year-old Sergio Hernandez was just steps from the border on Mexican soil when he was killed in 2010 by Jesus Mesa Jr., an agent standing on the American side in El Paso, Texas.
The federal agent was not prosecuted, and the U.S. refused to extradite him to Mexico.
Yeah, so? Turns out, now the kid's family is now trying to come to the U.S. and sue in American Courts. The case is being heard by the Supreme Court.
Quote:The issues for the court are whether the officer enjoys immunity from such claims of excessive force, and whether the victim enjoyed limited constitutional protections, even though he was not a U.S. citizen.
"This an urgent matter of separation of powers for us to respect the duty that the principle rule the executive and the legislative have with respect to foreign affairs," said Justice Anthony Kennedy. "This is one of the most sensitive areas of foreign affairs where the political branches should discuss with Mexico what the solution ought to be."
Don't sound like Kennedy would uphold the Ninth Circuit's attempt to dictate foreign affairs, eh?
The border agent says the kid was throwing rocks at him. I suspect Trump would simply say that Mexico has a duty to do more to control their lawless citizens, and dismiss the whole question.
Juarez is full of criminals who attack El Paso from the Mexican side of the border. And there have been over 300 documented incursions by the Mexican Army itself, 152 of them involving armed troops, since 2004, including a Mexican helicopter which fired at border patrol agents.
Gorsuch will be on the Court by the time this gets decided so I wouldn't be placing any bets on the kid's family, ya know?