August 31, 2019
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6:07Now PlayingThis fall, the U.S. Supreme Court will hear the case of Sergio Hernandez Guereca, a 15-year-old Mexican teen killed by a Border Patrol agent, to decide if his parents can sue the American agent in a U.S. federal court. Raising the central question of whether a Mexican citizen killed on Mexican soil by a U.S. border agent is protected by the U.S. Constitution, the case will also impact proceedings on other similar legal actions such as the civil suit being brought by the family of 16-year-old José Antonio Elena Rodríguez. Border Patrol agent Lonnie Swartz killed José Antonio when he fired 16 rounds through the slats in the border wall into Nogales, Mexico. Lee Gelernt, deputy director of the ACLU's Immigrant Rights' Project, is part of the team that's filing a civil rights case against the Border Patrol agent on behalf of José Antonio's family. "What we're seeing, and we've seen for a long time, is serious abuse," Gelernt says of the system that protects U.S. Border Patrol agents, whom The Guardian reports have had fatal encounters with at least 100 people in the past 15 years. If individuals on Mexican soil can be shot with constitutional impunity for the responsible U.S. officials, "that will be a very dangerous situation."
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