The liberal federal 9th U.S. Circuit Court of Appeals has ruled that a Border Patrol agent who fatally shot a Mexican teen on Mexican side of the border doesn't have immunity and can be sued by the boy's family for violating his civil rights…because the U.S. Constitution covers the Mexican on Mexican soil. Incredibly, the 9th Circuit said the agent, Lonnie Swartz, "violated a clearly established constitutional right and is thus not immune from suit."
On Oct.10, 2012, Jose Antonio Elena-Rodriguez was in Mexico, near the international border fence in Nogales, when Swartz shot him from the Arizona side. According to Swartz' attorney, Elena-Rodriguez was part of a drug smuggling operation and throwing rocks at Swartz, endangering his life.
Swartz’ attorney argued he was immune from a civil lawsuit because the U.S. Constitution didn't extend to Mexico. In April, 2018 a Tucson jury acquitted agent Swartz of second-degree murder charges, but was deadlocked on a lesser manslaughter charge.
There was a similar case in Texas. A Mexican teen boy was also fatally shot by a Border Patrol agent in a rock-throwing incident, but court said the Mexican was not protected by the Constitution. The case reached the Supreme Court, but it sent back to the lower court reaffirming that the boy wasn't constitutionally protected. The new ruling completely reverses this decision.
The Border Patrol, just like local police across the nation, came under close scrutiny during the Obama administration for allegations of excessive use of force. Customs and Border Protection, its parent agency, reported 55 incidents in which employees used firearms from Oct. 1, 2011, to Sept. 30, 2012, but the number of incidents fell to 17 for the same period five years later.
Border Patrol agents have been under increasing stress because of the thousands of illegal aliens crossing daily, and the leftist groups and advocates that shadow their every move. This ruling will now undoubtedly cause agents to be concern about defending themselves against bodily harm.
This is another blow to the Border Patrol, ICE, and defense of the borders. Liberals continue to push the idea that the Constitution and its rights and protection extend to everyone and anyone, everywhere and anywhere.
This is an example of an activist judge with a globalist point view extending the rights and protections of the Constitution beyond the borders of the United States. Since these Mexicans are covered by the Constitution, will they be forced to pay taxes and obey all American laws?