Things That Matter

Their Son Was Killed While Standing In Mexico And Now The Supreme Court Will Decide If They Deserve Justice

The U.S. Supreme Court has agreed to hear a case with potentially huge consequences for several families across the border in Mexico.

They will decide whether or not the family of a Mexican teenager shot on the Mexican side of the border by U.S. Border Patrol agents can sue the U.S. government.

Basically, the court has to decide whether border patrol agents have the power to kill kids, among others, across the border.

Credit: @Epochtimes / Twitter

On Tuesday, the court agreed to decide whether agents who shoot and kill someone outside of US territory can be held liable by survivors.

The justices said they want to hear arguments about whether federal courts can make decisions regarding deaths that occur outside the US – cases where courts generally have no jurisdiction. But in this case, there’s an argument to be made that the Border Patrol agent violated the victim’s rights and without the courts stepping in to help his family, they have no other legal remedy.

The teenager, 15-year-old Sergio Hernandez, was shot to death by the agent in 2010 as he cowered behind a pillar in Mexico. Hernandez’s family says the agent violated his constitutional rights.

Credit: @washingtonpost / Twitter

Hernandez’s parents say their son and the others were playing a game: crossing the border, touching a fence and then running back to Mexico soil. Playing a game is no reason to shoot someone, especially a 15-year-old kid.

The response on social media has overwhelmingly been in favor of the boy’s family.

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As it should be. You don’t get to shoot someone in the back and then not face the consequences.

And as the Ninth Circuit Court of Appeals pointed out in their decision in support of the victims family, “We have a compelling interest in regulating our own government agents’ conduct on our own soil.”

Some reports have said that the victim was throwing rocks while others maintain he was playing with friends.

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According to lawyers for the government, the agent resorted to force only after Hernandez refused to follow commands to stop throwing rocks.

Either way, Twitter has some serious thoughts.

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This is just one of the many people who are calling out the obvious.

Many pointed out that even if the victim was throwing rocks, nobody deserves to be shot dead because of it.

Credit: @RinkdancerMary / Twitter

Like honestly, how is this something that has to be decided all the way up at the Supreme Court? Isn’t this just common sense?

Other’s pointed out how little faith they have in the court to protect immigrants at the Mexican border.

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With the hateful and cruel rhetoric coming from the Trump administration, few expect a decision to come down on the side of justice for the victims.

But all of us are holding out hope that the court will understand that our federal officers must be held accountable.

While for Sergio’s family’s part, they’ve said they’re only seeking justice for their son.

Associated Press / Univision / SBCC Media / YouTube

You can check out the full story here.

READ: Two Women In Montana Were Approached By A Border Patrol Agent While At A Gas Station For Speaking Spanish

Border Patrol Gave This Woman Zero Privacy As She Waited In An Emergency Room

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Border Patrol Gave This Woman Zero Privacy As She Waited In An Emergency Room

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The U.S. Customs and Border Protection agency has sparked outrage after Border Patrol agents were spotted waiting outside a patient’s room in the emergency unit of a Florida hospital before taking the patient into custody.

Video and images posted to social media on Sunday appeared to show at least one Border Patrol agent waiting outside a room at the Aventura Hospital and Medical Center in Aventura, Florida, with later footage appearing to show officers escorting the patient, a woman, into the back of a Border Patrol vehicle.

The ordeal started as the family was headed home after a day at the beach.

During a traffic stop, Border Patrol agents detained an undocumented woman who was on her way home from a family outing at Haulover Beach. It wasn’t long after the Border Patrol car pulled her over that she entered into a panic attack, vomiting and then eventually fainting. The officers took her to a Miami-area hospital, where she was treated by emergency-room doctors.

On the side of a road in Miami Beach, the federal agents had repeatedly told her, “We just need you to come with us.” Her kids, both teenagers, were crying, begging the agents not to take away their mother. But that appears like it’s exactly what happened. A family’s day at the beach ending with life long trauma for two teenagers who didn’t want to lose their mother and a woman fearful for her future.

Once she arrived to the emergency room, Border Patrol agents refused to leave the woman alone.

In fact, they wouldn’t leave her at all for nearly five hours. Officers waited either inside her actual room, affording her zero privacy, or they were waiting for her outside an open door. Agents refused to budge even as doctors and nurses came to ask her questions and give her medication.

When the woman was discharged shortly thereafter, a uniformed Border Patrol agent escorted her to a patrol vehicle and drove away. Immigrant-rights activists, who captured the incident on video, say the woman’s detention showed callous disregard for a person undergoing medical treatment.

Migrant rights activists were quick to condemn the agency’s actions and some even caught the drama on film.

Thomas Kennedy, who filmed a series of videos documenting the incident, told The Washington Post that the incident raises questions about the line – or lack thereof – between immigration enforcement and emergency medical care. He declined to name the woman out of concern for her safety.

“A hospital should be a place where a patient is protected from interrogation,” Kennedy, the political director at the Florida Immigrant Coalition, said in an interview. “You shouldn’t have a Border Patrol agent right there with you while you’re getting treatment.”

“It’s truly embarrassing as a country that this is a place where we are — that this is how business is being conducted, when we have a woman with children in the midst of a medical emergency being detained,” says Alexandra Audate, a lawyer and rapid-response volunteer with the Florida Immigrant Coalition (FLIC), who was present at the hospital.

Sadly, this is hardly the first time Border Patrol has harassed people in hospitals.

High-profile incidents in recent years have drawn attention to Border Patrol’s role in hospitals along the U.S.-Mexico border, where agents have allegedly handcuffed asylum seekers to their beds or rushed migrants to the emergency room after they’ve gotten sick in detention.

Less has been documented about Border Patrol’s place in hospitals elsewhere in the 100-mile “border zone,” where the agency can operate with a heightened kind of authority. That area, which encompasses a majority of the U.S. population, includes any point in the country that’s within 100 miles of a coastline, Canada or Mexico – including the entirety of states like Florida, Michigan and Massachusetts.

In the border zone, agents can stop, question, and detain anyone they suspect of having committed immigration violations – as they seem to have done on Sunday.

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

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

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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.

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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.

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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.

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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