Supreme Court Rules Border Patrol Agents Who Shoot Foreign Nationals Can't Be Sued

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The U.S. Supreme Court has ruled, in a 5-4 decision, that families of foreign nationals shot by federal agents on foreign territory have no constitutional right to sue for damages in U.S. courts.

Attorney Cristobal Galindo, center, is accompanied by Jesus Hernandez, left, and Maria Guereca, and attorney Marion Reilly in front of the Supreme Court, in Nov. 2019.Attorney Cristobal Galindo, center, is accompanied by Jesus Hernandez, left, and Maria Guereca, and attorney Marion Reilly in front of the Supreme Court, in Nov. 2019.There's no dispute on whether Jesus Mesa Jr. killed 15-year-old Sergio Adrián Hernández Güereca.In 2010 Mesa, an on-duty U.S.

The parents argued that the federal agent's unreasonable use of excessive force violated the teenager's Fourth and Fifth Amendment rights, which protect a person from unreasonable search and seizure and assure due process protections.The majority-conservative opinion — 5-4 — affirmed previous lower court rulings that foreign nationals are not protected by U.S. federal laws, which can only be applied domestically.

The 20-page opinion cites numerous cases where Congress has enacted statutes creating a damages remedy for persons injured by government officers, while taking"care to preclude claims for injuries that occurred abroad."Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Chief Justice Roberts agreed.

 

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Don't annoy armed Fed agents. It's dangerous

US SUx.

So fucked up

They upheld the long-standing doctrine that non-citizens have no Constitutional rights outside of America.

OfficialBigUT

This is Crap 💩 So now they can shoot them in back as they cross into Mexice ‘ Russia Government ! Now ownes Supreme Court !! A Life means nothing to the Trump loaded Judges !!

Sounds like Mexico better enact the same rule. Fair's fair.

Anyone who says good to this. I’m sure you would say the same thing if you were in Mexico and shot. I’m sure you would be like “it was your right to shoot me because I’m not a Mexican citizen”. Point being Trump supports lack logic and common sense.

This is a BULLSHIT move by the Scotus When JoeBiden wins this Fall he needs to stack the Scotus with liberal justices due to the seat that was STOLEN by MoscowMitch & the GOP POTUS VP SpeakerPelosi GOPLeader senatemajldr SenSchumer WhiteHouse PressSec

Pretty sure local laws apply.

I agree. Its an act of war however, so Mexico should at least seek sanctions via the UN. Which would be hilarious, even as a US citizen, seeing the shoe on the other foot.

I’d like to know their reasoning behind that decision.

Those same border patrol agents probably shouldn’t vacation in Mexico and Canada. Bc they will be indicted for murder.

GOOD

So Supreme Court says border patrol agents can kill someone in Mexico, or Canada with impunity? Seems like a violation of international law.

An attorney with the American Civil Liberties Union, who argued the case said 'border agents should not have immunity to fatally shoot Mexican teenagers on the other side of the border fence.' 'The Constitution does not stop at the border,' he added.

Makes sense to me....let t0hem file suit in the foreign court.

despicable

Sanctioned murder.

'The court could potentially undermine border security by weighing in, Alito concluded.' That is exactly what the miscreants who brought this lawsuit sought to do! They wanted to make it impossible for the U.S. to enforce its borders!

This does not absolve a wrongfully-acting agent from criminal liability. This only addresses a civil component of the law.

That is heinous.

Thank you and well done, SCOTUS!

But American citizens can for damages to a US citizen harmed in another country? Look for that other countries to fix that.

This is why elections matter. Republican SCOTUS wil continue with even more outrageous decisions. America is sliding into a White National Evangelical Fascist rule.

“Dread Scott: Immigration Edition”

Does this now mean that border patrol agents can kill with impunity?

Supreme Court losing its credibility and relevance one judgement at a time.

A very slippery slope.

Foreign families HAVE no Constitutional rights. They aren't Americans.

So when does trump start installing the gun turrets?

This is so wrong

Guys it’s pretty simple. There are legal ways to enter our country. If you choose an illegal way to enter our country, you do so at your own peril.

I’m sure ICE agents are going to be super comfortable once they realize that people on the other side can have guns too, and can’t be accused of murder in US courts either.

Does that mean the people in Mexico can shoot someone on the US side too?

Works both ways.

Open Season How the current Administration plans to handle border issues.

No

The lesson here for all agents is to make sure that child is on the other side of the border.

Yup, SCOTUS is now TRUMPTUS

Ginsburg, Breyer, Sotomayor & Kagan need to be disbarred & never allowed to set foot in an AMERICAN court again, unless they're being sued. They have COMPLETELY disregarded our Constitution...dissenting to say that FOREIGN nationals are protected by the US CONSTITUTION? Absurd!!!

Jee I wonder which 5 justices decided that...

Mexico should be able to have him extradited to stand trial there.

Wake me up when you care about American citizens

Figures

Because nothing screams American values like gun deaths. Jesus

Just gotta shoot back then

The Supreme garbage court. McConnell's corrupt court.

That means the family of any USA citizen who is shot outside USA has not right to sue for damages in the country where the shot happens?!

Wondering if that will hold if the bullets are flying the other way round? Accidentally of course, but just wondering..

Allows agents to defend themselves on US soil, while being fired upon from foreign soil.

UGH

12BravoGran Let me guess who the four were...🙄

Mexican Courts might be willing to hear this. Any judgements might be tough to enforce however.

License to kill

I think I disagree with this ruling, but gotta admit, there are a lot of moving parts in play here

12BravoGran It’s Right! 🇺🇸⚖️🇺🇸

Womp womp

That’s just wrong.

Nope...didn't miss it. But thanks.

Disgusting. Congress needs to do something about this.

disgusting.

Honest to God. The United States Supreme Court is reprehensible.

Truly despicable, given that the officer fired from within US territory.

This is a decision that would only remotely make sense during war times. So that’s the way they view it then? That there is a war at the border? That the people within range of a shot are enemies? That’s the only POV that would explain 5 judges coming to such a conclusion.

Thank you Trump! The Court is coming around.

So, to be fair, they can now target border agents at will.

How about...criminally prosecuted for murder instead? 🤔

Fck

Shame on theSupreme Court!

Did scotus just legalize ICE gunning down immigrants?

So active personality jurisdiction isn’t a thing anymore? As long as it’s killing grown people? Got it. 👍🏼

I’m rethinking my respect for the Supreme Court where they aren’t owned by the WH... just saying 🤔

This is interesting

Old news.

I agree. Why should they be afforded a constitutional right if they r not a citizen Gee why don’t you just give all out nature born rights away then, like most have already Being a citizen of this country has less meaning then it did. When basically anyone has a right .sad

This is probably the correct ruling, as our Constitution doesn't apply in these cases. But, I think international law may apply. One cannot kill a person without some legal jurisdiction offering a remedy, right? The foreign government could charge killers & request extradition.

AbolishTheSupremeCourt.

That’s disgusting.

License to kill?

open season now I guess

How third reich

Finally common sense

It’s ridiculous if the officer was caught lying about the use of force and nothing happened to him. It’s not ridiculous that US Constitutional protections don’t apply to foreigners in foreign countries. This is a good decision for Constitutional legal analysis.

Oh no someone sneaking into our country illegally, let's murder them. . . If only the indigenous people had the same mentality

Just wondering If a large Number of Catholic Priests are going to speak up and deny communion to the Catholic Justices. Seems like a pro-death decision.

actualy it's territoy*

Somehow and Somewhere justice should be done, That's when people takes this type of matters with their own hands.

NSchneiderAZ13 This is the plot of a Simpsons episode

I wonder who those 5 were..

So the border patrol has a license to kill?

And now we have legalized summary execution by border patrol agents.

Aren't the FBI a national body? CIA I can understand, DEA I can understand, but FBI or ATF are over stepping their boundaries doing anything in another country.

Because your humanity means nothing to us. THIS is who we are.

Can Mexico or a local Mexican government charge the federal agents? So, if they ever enter Mexico, they will be turned away or get arrested?

Then drag them to the victims' homeland and sue them. 💪

PSA: Educate your opinion. Reading and reading comprehension are required. Suggestion: Compare multiple sources, seemingly biased and seemingly unbiased. The “truth”, as fed to the masses, is often stinking of an agenda. Headlines aren’t the story.

But the foreign nationals can sue the invading USA federal agents who kill citizens on their own soil, in their own courts, right?

Is that Justice?

This just makes the US a dangerous, self-centered global neighbor. So wrong-headed. We need to turn our whole ship around.

This is not a first time a US agent killing Foreign citizens outside of US. They doing it every single day.

wtf is this

Gross

US would be creating a diplomatic crisis if roles were reversed.

Horrifying

So the US Supreme Court allows cold blooded murder.

Sickening

“...an investigation by the Department of Justice concluded that Mesa had not violated Customs and Border Protection policy or training, and declined to bring charges against him.” Our border is now guarded by people who can gun down a child and the DOJ will take no action.

SCOTUS lost moral standards

What is this country anymore

Licensetokill

Isn't killing citizens of another country a war crime? This is an act of war.

But if they shoot back, they are still subject to our laws, I suppose. Another awful decision by a rigged, politicized Supreme Court.

Murder rewarded

Lets model our country after Russia make it legal to kill any one. Even in other countries.

And morality, already in short supply, continues to evaporate.

Because they’re not human beings enough?

Just wait until the bullets start flying in the opposite direction. 😞

If they don’t belong here, they have no standing.

congress can pay for the damages if it desires

chipfoxx Let me guess: brought to us by the same party that claims to be pro life.

In GOD we Trust

This is going to be a busy time in the Scotus chambers as idiotic legislation is rammed through over and over. Have they installed a drive-thru yet?

They have to sue in Mexico, big deal

Murder they wrote.

5-4 wow

Nowhere in our constitution does it say that these rights only apply to Americans on American soil. Naturally the trump Supreme Court got it wrong again.

This is wrong on so many levels!

Wow. The “greatest generation“ is no more.

kids and unarmed citizens are shot and killed in us every day, so not a big deal.

why didnt Mexico press murder charges against the officer who shot the kid ? ask for extradition of the officer on criminal charges. Mexico got no balls. us supreme court has to jurisdiction in mexico where it happened.

Kavanaugh working out well for Trump. When do we impeach him anyway since he was gang raping girls? Trumptrash

What stops a foreign country from calling the action of our federal agents shooting their citizens an act of war?

We have become the evil that we deplore

What if a foreign national kills a border patrol officer while in foreign territory?

Disgusting

Greates country in the world ladies and gentlemen

Wow--so dt's ICE swat teams are free to round up, shoot, & terrorize everyone. Doesn't anyone think this sounds like pre-war Germany? Maybe after the people in camps & cages die of coronavirus, dt will have dissenters rounded up & caged there.

So to The Hague it is.

“But Hernández's location at the precise moment the bullet landed should not matter one whit,' she said.” 😐 Although I agree...isn’t it weird that a Supreme Court judge would say “but that’s just a technicality” 😂 Our whole legal system is a string of technicalities...

Nice. Run ‘n’ gun!

The Right of the Court is nothing but a clown show

Dont particularly like slippery slope arguments but is the next step that undocumented people in this country will soon have no legal recourse?

So fascist so fast.

Why do I have a feeling that if an American was shot by a Mexican cop in Texas, or shot by a Canadian cop in Minnesota, that the same people agreeing with the decision would be screaming bloody murder?

Yikes. What happened to America

Wow, the agent took aim and killed this child across the border 😳 With the conservative justices controlling the SCOTUS and doing the bidding of Trump, morality is dead

🤬🤯😥

Does Mexico harbor any people who committed crimes in the US? If so, why should they extradite them after this?

No human dignity for life.

openseason

BTW - Constitutional rights belong to American citizens. If you are not an American citizen, the rights within the US constitution do not apply to you.

Damn this is wild

I’m so sick of this shit!

So.. Open season?

Makes sense.

I wonder how many times the Supreme Court rules on party lines. Doesn’t seem like the judges are actually considering laws but instead politically biased opinions. NoMoreLifetimeAppointments Scotus

Wow

Perfect

WTF?!

We are the bad guys.

Why are we concerning ourselves over financial culpability, when shooting across our border and killing a foreign national in Mexico may have been an act of war? I am wondering where are all the adults? goldenrule USA Congress sanity humanity wakeup

This is not my America. We used to stand for what's right.

United States of America is so fucked up.

Cool. Then whole givernment agencies will be sued under the civil laws of other goverments. WTG, SCOTUS.

But ICE can shoot then in foreign lznd?

Indeed, this is why international diplomacy, things like admiralty law, and sometimes war, happen.

WOW.

On foreign territory ? I agree .

Wtf

I don’t know what this country is anymore.

Wow! How sad and rotten!

Unbelievable that there are four morons who think they should have these right.

The court held that international jurisdication fell under the Legislative and Executive branches, not the Judicial; which only has domestic jurisdication and that only they have the power award damages for injuries inflicted outside our borders.

That sounds fair.

This is not right.

But you better not have an abortion!!!

Shameful

Wow! Full of leftists in the comments!

JJCarafano If you read the article the question was about the parents suing the patrol. The incident happened in 2010 and the Obama admin and courts had ruled that a settlement should be decided by the two countries because the patrol was working for the US. Government.

So, this is so arbitrary—a border patrol agent murdering a foreign national across the border is not prosecuted but inside the U.S. is afforded constitutional protections. So, they need to make sure they’re inside the U.S. when they get murdered 😏

Sadly, the logical conclusion is that federal agents can shoot anyone attempting to cross the border so long as the victim is on foreign territory when it occurs. What could *possibly* go wrong...

Can foreigners now return fire expecting no repercussions from Mexican Laws?

Ok what did Mexico’s Supreme Court say?

Murder is murder, manslaughter is manslaughter, wrong is wrong.

IANAL, but I disagree. Don't forget that Bill of Rights doesnt actually grant rights to citizens, so much as it restricts the government from infringing on the rights those citizens already have. Hence the Constitution applies to everyone, regardless of citizenship or location.

This👇🏾

Of course shooting kids is acceptable in the era of Trump. Where the hell are we?

So it's Ok to murder people who don't have citizenship here? Actually, why am I asking?

Oh cool. We're one of those countries. /s

Are we surprised? Didn’t the government basically give the all-clear for killing foreigners in their country? Ex: that British boy that got killed by some guy’s wife.

a 15-year old kid got shot in the face. it honestly shouldn't matter where he was from or which side of an invisible line he was on. he didn't deserve this. at what point do people stop being considered 'illegal' and start being considered people? let's do better.

Trump supporters who claim you only wanted “conservative” justices: here’s what you got.

The damage & legacy of jillstien / thirdparty

I wonder what rapist Brett’s vote was

So it's ok to kill people as long are they are not on us soil. This court is so broken they shouldn't even be taken seriously anymore. They are a pariah!

Sounds like our military policy regarding 'collateral damage' caused by drone strikes. Not sure why people suddenly have an issue with something horrifyingly similar.

Holy fuck we are villains.

So, they can shoot to kill with no consequences?

Fuck every single one of those 5.

Someone please explain this to me. Because I cannot possibly be correct in reading this to mean that our agents can go into other countries and kill people at will.

Makes sense.

Correct.

it's legal to murder foreigners, says supreme court

These split votes are astounding. I don’t understand how our laws can be so vague and difficult to apply.

We are a shameful nation. AbolishICE

Another Dred Scott tier decision. What a pathetic state we are

That can work both ways...

Fuck the supreme court, am illegitimate partisan body putinsgopbitches

Gdad1 What the fuck

Gdad1 Disgusting.

😻😻😻😻😻😻😻

!?

RBG's dissent is worth reading. This thread summarizes...

SCOTUS: Fascism is cool now.

This ugly part of our history keeps getting uglier😔

Sad to be an American 😔

What? Get out of here!My goodness

Amen

As expected of a debased court.

Maybe they should take it up with the UN or The Hague.

But her Emails....

'It scarcely makes sense for a remedy trained on deterring rogue officer conduct to turn on the happenstance subsequent to the conduct — a bullet landing in one half of a culvert, not the other,' Ginsburg wrote.

Unfuckingbeliveable

How in the world? So our agents now have foreign impunity? Seriously? Just wrong.

Good enough for israel good enough for merica

If the victims were of European descent this ruling would be way different.

Take: any decision less than a 7-2 margin shouldn’t count

Wow.

apparently, global altering stupidity occurs on 8p year intervals

This land is our land...

Shameful

This country is over

Horrifying

Wait what

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