The case of U.S. citizens – most recently Border Patrol agents – shooting across the Rio Grande and killing Mexican citizens is a troubling issue that has caused friction between both countries for almost two centuries.
In one case that reached the U.S. Supreme Court, the justices ruled that the family of El Paso resident Adrián Hernández Güereca killed by U.S. Border Patrol agent Jesus Mesa who shot across the river killing 15-year-old instantly in 2010 may have recourse.
The justices ruled this June that the family deserved another day in court and asked a federal appeals court to decide on other issues.
"The facts alleged in the complaint depict a disturbing incident resulting in a heartbreaking loss of life," the court said in an unsigned opinion. "Whether petitioners may recover damages for that loss in this suit depends on questions that are best answered by the Court of Appeals."
In short, the justices ruled that the Border Patrol officer may not qualify for immunity. The decision was a setback for the government, which had won a lower court decision that barred the family from seeking damages in court.
Instances of this nature have occurred all along the border from El Paso to Brownsville in the two nation's often conflictive relationship since the border was established in 19848. Since then, instances where Americans have shot across the border and killed Mexican citizens have been numerous, but until the ruling by the Supreme Court this June, the agents have been immune from lawsuits.
USA Today reported that the family's lawyer, Robert Hilliard, told the justices that six Mexican citizens have died as a result of 10 cross-border shootings, only to be left without any legal remedy because the Constitution "turns off at the border." No such constitutional claim for damages against a federal official has been allowed for almost 30 years.
The family's lawyers said Hernández was playing with three friends in the 33-foot-wide concrete culvert separating El Paso and Ciudad Juárez, Mexico. Mesa's lawyers say he responded to a group of suspected illegal aliens throwing rocks at Border Patrol agents. Cellphone videos appeared to show that Hernández was hiding beneath a train trestle when he was shot in the head.
The border has been anything but peaceful, on both sides of the river. A 2013 investigation by the Arizona Republic found that Border Patrol agents and Customs and Border Protection officers killed at least 42 people – including at least 13 Americans – in an eight-year period.At the time, none of the agents or officers responsible were publicly known to have faced consequences. This type of activity has a long historical precedent.
In 1872, Mexican President Sebastian Lerdo de Tejada formed a commission to investigate the border problems such as horse and cattle rustling, the kidnapping of runaway slaves by U.. bounty hunters in Mexican territory, and the shooting of Mexican citizens by shooters from the United States side of the river.
The commission found that these shooting occurred frequently and involved not only law enforcement and military personnel from the U.S. side, but also private citizens. These attacks were not limited to aggression against Mexican military but against civilians as well. They found that since 1848, at least 10 cases of this nature had been documented. Some of the most notable were cited in their report.
1. On April 1851, the Mexican military commander at Mier prohibited the crossing of the river after 7 p.m. through a ford in an arroyo. Sometime after that hour, four residents of Roma, in Starr County, tried to use that passage to enter Mexico and were denied entry. In response, the four started shooting at Mexican military personnel. The commission could not determine who was responsible for the shootout. They din note that the commander of the military garrison sought the assistance of the commander of the Ringgold Barracks at Camp Davis who promised to make inquiries in the matter.
2. On September 14, 1855, at about 9 p.m., three U.S citizens approached the for at Piedras Negras, Coahuila, and asked that a skiff be sent to them. Mexican authorities had prohibited the entrance into Mexican territory at that hour citing filibustering expeditions by groups of armed men from the U.S. side. After the sentries informed the three men of the prohibition, resulting in the Americans shooting at the sentries and nearby homes on the Mexican side for at least an hour and a half.
When Captain S. Burbank, the commander of U.S. forces in Ft. Duncan, was contacted by Mexican authorities to address the issue, he told them that the gunmen were civilians and therefore not under his command or responsibility. The fact that the shooting lasted more than an hour an a half within earshot of both U.S. Government and civilian law enforcement indicated an indifference by U.S. authorities to enforce the law.
3. On April 2, 1862, several Americans crossed from Texas into Mexico through Piedras Negras and got into an argument with some Mexican citizens. Then they rode back to the banks of the Rio Grande and started shooting at the custom guards which were returned by the guards.
4. On August 1863, an American soldier near the Paredes river ford, emerged from his tent in the camp along the river and – deliberately raising his pistol and taking aim – shot a boy named Nicanor Gongora. He died the next day and the commission noted that the soldier was jailed for a short time and then released.
5. On December 1868, U.S. soldiers said to be in persecution of thieves, reached the river near the Rancho de la Burrita, in the municipality of Matamoros, saw a skiff that was nearing the Mexican side, and shot twice. There were two elderly Mexican woman and some children in the boat and one of the women, Francisca Hinojosa, was seriously wounded.
Up until the recent decision by the U.S. Supreme Court, this festering problem between both nations has remained a sore point for residents on both sides of the border. After 169 years of uncertainty on whether victims can look to the courts for justice, the recent case involving BP agent Mesa may finally provide us with an answer.
7 comments:
How many Americans have been killed by illegals from Mexico.
"More recently" ?
these are old cases 2010, 2013
Get new news!!!
Go green!!
All history should be erased
Some of these problems take place because both nations have be negligent in enforcing the laws on the border. The Mexican government takes no action to stop illegal entry into the United States because it saves the Mexican government from spending money on social programs and then the illegals send money back to Mexico...a win, win situation from Mexico. And on this side the Democratic Party and even the border state governments refuse to enforce our immigration laws because the Democrats know that illegals support their liberal party efforts to give social services to illegals. So, from time to time our young men of the Border Patrol encounter someone who seeks to enter this country illegally or to transport illegal drugs across the border. The tension is not in Mexico City and Washington, the tension is with these young people on the border....in both countries.
Fill the river with killer crocs and piranha let's see how many try to cross!!
As always you only show one side, where the poor Mexicans are victims of the pinche Gringos. There have been many instances where people on the Mexican side have fired at Americans and many have been killed and wounded.
The one that comes to mind is some Americans were rafting the Rio Grande near Lajitas Texas, when snipers in Mexico fired at them, killing one man and wounding his wife and guide. This was in 1988.
Over the years, many Mexican have either fired across the river or came across to kill and steal. Your bullshit version of history is just well....bullshit! Try telling the whole story just once in your chickenshit life.
It's not tension it's not nothing. It's citizens that don't reflect aurhorir and electronic media looking for ratings. Just as police shootings have increased through the years so have assaults in border patrol agents. It starts at home. Defiant and poorly raided teenagers become defiant and unrespextful adults. Yes bring back the chancla, spank your kids!!!! Teach them right, also them if they disprepe t you, punish them and show them to resprct authority.
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