WASHINGTON – A deeply divided Supreme Court ruled Tuesday that the family of a Mexican teen shot and killed by a U.S. Border Patrol agent cannot seek damages because of the border that was between them.
"A cross-border shooting claim has foreign relations and national security implications," Alito said."In addition, Congress has been notably hesitant to create claims based on allegedly tortious conduct abroad." The case had been watched closely because of President Donald Trump's efforts to build a wall along the U.S.-Mexico border and to reduce both legal and illegal immigration. Hundreds of incidents involving deadly force occur along the border every year.
Story continuesDuring oral argument in November, Mesa's attorney, Randolph Ortega, had said the border "is real. It's a real line. And it can't be extended" to provide constitutional protection on the Mexican side. The boy's family sued, based on the 1971 case in which the Supreme Court said a homeowner can sue federal agents who forced their way into his home without a warrant. Judges have since expanded on that precedent and allowed lawsuits against other federal officials.
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