Things That Matter

Their Son Was Killed On Mexican Soil By A Border Patrol Agent And They Want Justice

The U.S. Supreme Court has agreed to hear arguments on the case of Sergio Adrian Hernández Guereca. In 2010, the 15-year-old Mexican national was killed by Border Patrol agent Jesus Mesa Jr. The Mexican teen was shot in the head by Mesa Jr. while the former was standing on Mexican soil. The SCOTUS case could have serious implications on whether foreign nationals can sue U.S. officials for excessive force.

This was the scene at the U.S.-Mexico border between El Paso, Texas, and Ciudad Juárez, México, in 2010.

Univision / CNN / grosscrime2 / YouTube
CREDIT: Univision / CNN / grosscrime2 / YouTube

On June 7, 2010, Sergio Adrian Hernández Guereca was with four other Mexican teens on the border. According to The New York Times, the four boys started to take turns daring each other to run to the fence on the U.S. side and touch it. That was when Border Patrol agent Jesus Mesa Jr. decided to engage with the teens.

The sudden death of their 15-year-old son devastated the family.

Associated Press / Univision / SBCC Media / YouTube
CREDIT: Associated Press / Univision / SBCC Media / YouTube

Sergio’s mother spoke about how she was given information to keep her calm, but she knew better. Rather than just believing what authorities told her about her son, Maria made her way down to the Rio Grande and saw her son lying there dead.

Sergio’s death sparked outrage throughout Mexico because the teen was shot and killed by a U.S. Border Patrol agents while standing on Mexican soil.

Associated Press / Univision / SBCC Media / YouTube
CREDIT: Associated Press / Univision / SBCC Media / YouTube

“If the migrant is still on the Mexico side of the border, there doesn’t seem to be any reason for Border Patrol to engage with that migrant,” Tania Chozet, a policy advocate for the ACLU of New Mexico told SBCC Media. She continued, “It is Border Patrol’s policy to use lethal force in response to the throwing of a rock.”

Sergio’s family has said that they do not want money, they simply want justice. However, as a foreign national, their rights against U.S. officials are pretty limited.

Associated Press / Univision / SBCC Media / YouTube
CREDIT: Associated Press / Univision / SBCC Media / YouTube

“If ever a case could be said to present an official abuse of power so arbitrary as to shock the conscience, the Appellants have alleged it here,” the Fifth Circuit Appellant Court stated in their ruling, according to AZ Central. The court went further and said that the border between the U.S. and Mexico is subject to the Fifth Amendment, meaning Sergio’s family has the right to sue Mesa Jr. As the court states, the laws governing the U.S.-Mexico border are the same as the laws governing Guantanamo Bay, Cuba.

The story of Sergio’s death is becoming a more frequent tale, with other teenagers being killed in Mexico by bullets flying from Border Patrol guns in the U.S.

Associated Press / Univision / SBCC Media / YouTube
CREDIT: Associated Press / Univision / SBCC Media / YouTube

You can read the full story here.


READ: A Judge Just Ordered The Release Of Images From An Arizona Immigration Detention Center

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Senior Border Patrol Officer Gets To Retire After Allegedly Kidnapping And Sexually Assaulting Another Agent

Things That Matter

Senior Border Patrol Officer Gets To Retire After Allegedly Kidnapping And Sexually Assaulting Another Agent

customsborder / Instagram

On July 10, former senior Border Patrol agent Gus Zamora, 51, was arrested in Tuscon for sexually assaulting a junior agent. Zamora’s wife is Gloria Chavez, one of the agency’s highest-ranked female officers. Three weeks after he was indicted by a Pima County grand jury, the agency took the only action it has thus far: it allowed him to retire from the agency three weeks after being arrested. Customs and Border Protection defended its actions by telling The New York Times, it “holds its employees accountable and expects the entire workforce to adhere to the agency’s standards of conduct.” Zamora attended a pretrial hearing at the Arizona Superior Court in Tucson. He pleaded not guilty.

The victim, identified as R.W. in court documents, told police that she looked up to Zamora as a mentor, given their ten-year age difference and his seniority. Over the years, R.W. had ignored some of his advances, asserting her desire to remain friends. The night of the assault, they met up for dinner and Zamora bought her so many tequila shots, video surveillance shows her falling to her knees as Zamora brought her back to his hotel room where he would later sexually assault her.

Before their dinner, Zamora texted her to ask if she “dressed up” for him, according to The New York Times.

Credit: customsborder / Instagram

According to The New York Times, Zamora bought them five rounds of tequila shots, and at one point, she moved away from him after he placed his hand on her left thigh. The Daily Mail reports that Zamora told investigators that he offered R.W. a ride home, to which she declined, saying she didn’t want to be alone. Zamora alleges that she initiated the sex. However, hotel surveillance footage shows Zamora holding R.W. up. At one point, she fell to her knees, according to police documents obtained by The New York Times. 

Those police documents detail how R.W. said she blacked out, only waking up a few times to find herself on the bed. She told police she didn’t feel like she had the capacity to give consent. The rape kit results have not been made public. 

A few days later, R.W. reported the crime to the police, who then recorded her follow-up call to Zamora.

Credit: customsborder / Instagram

According to The New York Times, the detective on the case recorded a phone call during which R.W. informed Zamora that the sex was non-consensual. The detective wrote, “he told her to not go there and that it wasn’t like that,” that sex “was never on his mind. They had too many shots,” The New York Times reports. Effectively, Zamora tried to call him out and he just deflected the blame onto both of them. 

When Zamora was eventually called in for an interview, a detective told Zamora that R.W. was in no state to offer consent, to which he “said that he knows, but he wasn’t in a state to consent either,” according to The New York Times

Women make up 5 percent of Border Patrol agents.

Credit: customsborder / Instagram

The female agents who do make up the force have voiced their outrage at the agency’s inaction around sexual assault accusations. “There’s not a single woman in the Border Patrol who has either not been sexually assaulted, outright raped or at the very least sexually harassed,” former Border Patrol agent Jenn Budd told The New York Times. Budd’s since become an immigrant rights activist, and urges women to reconsider joining the Border Patrol.

Two days before Zamora allegedly assaulted R.W., Tucson police arrested Border Patrol agent Steven Charles Holmes, 33, for sexually assaulting three women over seven years. 

The agency is already under immense criticism for its high rate of arrest charges brought against Border Patrol agents when compared to other law enforcement agencies.

Credit: @CBP / Twitter

In July 2019, Quartz reported that Border Patrol agents are arrested approximately five times as often as other law enforcement groups. With a budget of over $15 billion and over 60,000 employees, it’s the largest law enforcement agency in the United States. Many critics say the agency is not held to account for its unconstitutional means of coercing migrants to sign removal forms written in English, a language they often cannot understand. 

A Customs Border Patrol spokesperson told El Paso Times that its Office of Professional Responsibility “will review all the facts uncovered to ensure all allegations of misconduct … are thoroughly investigated for appropriate action by the agency.”

READ: US Border Patrol Sent This Man And His Child Back To Mexico And Hours Later They Were Thrown Into Trucks And Abducted

A New Documentary Exposes The Massacre In Porvenir, Texas That Left 15 Mexican-Americans Dead

Entertainment

A New Documentary Exposes The Massacre In Porvenir, Texas That Left 15 Mexican-Americans Dead

porvenirmovie / Instagram

Porvenir is a Spanish word. If you break it down, por venir literally means to come, and the translation is the future. It’s also the name of what used to be a tiny town in Texas located right next to the Rio Grande on the border. The village of Porvenir in Texas, which is a town no more, had roots that reflect the brutal and deadly colonization that this country was built on. 

“Porvenir, Texas” is a new documentary on PBS that brings to light the massacre that happened on the border more than 100 years ago. 

Credit: porvenirmovie / Instagram

As the tense immigration crisis continues in this country today, the documentary “Porvenir, Texas” shows how this struggle has been part of our history since the inception of the United States of America. 

The story of the massacre cannot be told before discussing the war between the U.S. and Mexico. While the U.S. continued to expand in the southwest through its war with Mexico, the battle to live and remain in the country affected the most vulnerable people who weren’t part of the war at all. They were Mexicans who lived in Texas and along the border before it was ever part of the United States. However, after Mexico lost Texas to the United States, those living in Texas, became Americans overnight. That didn’t please the incoming residents — white people looking to make the country their home. 

The documentary exposes the brutal killing of 15 Mexican men — some who were American as well — which the U.S. tried to hide from history. 

Credit: porvenirmovie / Instagram

With the expansion of the U.S. throughout its new state of Texas, white ranchers staked their claim in areas that were owned by Mexican-Americans. Like gentrification today, Texas was also gentrified during the Wild West, which meant Mexicans, who were now Americans, were displaced because of higher taxes. 

With the revolution still going on in the Mexican border and new white ranchers taking over land, racial tensions were high. White people were told that all Mexicans were “bandits” and Mexican-Americans were in fear for their lives thinking they could be killed based on the color of their skin.

White people were killing Mexican-Americans outright with no consequences, and the film shows graphic images of that. 

Credit: porvenirmovie / Instagram

Here’s a summary of that fateful violent night as reported by NBC News: “In the early morning hours of Jan. 28, 1918, a group of ranchers, Texas Rangers, and U.S. Army cavalry soldiers entered the village and rousted the residents from their beds. They led away 15 unarmed men and boys of Mexican descent to a nearby bluff, where they shot and killed them. These victims ranged in age from 16 to 72, and some were American citizens. The town’s women and children fled across the border to Mexico for safety. The next day, the perpetrators returned and burned the village to the ground. Porvenir ceased to exist.”

We have no idea how many other Mexican-Americans were killed with such brutality during this period because there’s no record of it. The only reason the story of Porvenir can be told today is because of two men that documented what happened. 

Credit: porvenirmovie / Instagram

Harry Warren was a white teacher that worked with some of the community in Porvenir and wrote about what happened that night. He also was a witness to the bodies.  José Tomás (“J.T.”) Canales, who was a state legislator at the time, launched an investigation against the Rangers, and his depositions and testimony have been preserved as well. 

“There were many cases like Porvenir, where the initial response from the state was to try to fabricate what really took place,” Monica Muñoz Martinez, an assistant professor at Brown University and the founding member of the public history project Refusing To Forget, told NBC News. “It was not unusual for the state to try to justify such acts, by criminalizing the victims. Residents of Porvenir were described at times as squatters or bandits. None of this is true.”

Christina Fernandez Shapter produced the film and spoke about the importance of making sure these stories are never forgotten. 

Credit: jefegreenheart / Instagram

“I am Mexican American myself, I am from Texas, my family has been here for generations,” she told NBC News. “And I know we all have stories in our families, sometimes of land being taken from us or other injustices.”

Here’s a clip of the film.

Click here to watch the entire documentary. 

READ: This Exhibition Told The Stories Of Mexicans And Mexican-Americans Who Were Illegally Deported In The ’20s And ’30s