London Daily

Focus on the big picture.
Friday, Sep 11, 2026

The U.S Supreme vs. justice: Court Said The Family Of A Mexican Teen Can't Sue A Border Patrol Agent Who Fatally Shot Him

The U.S Supreme vs. justice: Court Said The Family Of A Mexican Teen Can't Sue A Border Patrol Agent Who Fatally Shot Him

It was Hitler who said that rights and justice belongs only to one race, and not equally to all humans. However, the U.S Supreme court's ruled that a Border Patrol agent who fired from US soil and fatally shot a child on the Mexican side of the border can't be sued by his family. decision also makes it harder for foreign nationals to sue federal officers for civil rights violations.
The Supreme Court on Tuesday ruled that a Border Patrol agent who fired from US soil and fatally shot a child on the Mexican side of the border can't be sued by his family.

In a 5–4 ruling, the court's five conservative justices agreed with the government and upheld a lower court's decision to dismiss the case against the agent because 15-year-old Sergio Adrian Hernandez Guereca wasn't on US soil when he was killed. The court's four liberal justices dissented.

The court's decision not only bars Hernandez's family from suing Border Patrol Agent Jesus Mesa for damages but also makes it harder for all foreign nationals to sue federal officers for civil rights violations.

The case is centered on the 2010 cross-border fatal shooting of Hernandez, who was in a concrete culvert that separates El Paso, Texas, and the Mexican city of Ciudad Juárez.

Hernandez's family said the teenager was playing a game with his friends running across the culvert to touch the fence on the US side of the border and running back into Mexico. Mesa said Hernandez and his friends were trying to enter the US without authorization and had thrown rocks at him.

After Hernandez ran back into Mexico, Mesa fired two shots at him; one struck and killed him.

His family sued Mesa claiming Hernandez's Fourth and Fifth Amendment rights had been violated.

Justice Samuel Alito, writing for the majority, said the case "has foreign relations and national security implications" and said it's Congress who should decide whether lawsuits such as the one before them should be allowed to go forward.

"Congress, which has authority in the field of foreign affairs, has chosen not to create liability in similar statutes," Alito said. "Congress’s decision not to provide a judicial remedy does not compel us to step into its shoes."

In a dissenting opinion, Justice Ruth Bader Ginsburg said the family should be able to sue when a US officer acts on one side of the border even though the impact of the action is suffered abroad. Ginsburg also disagreed with Alito and said neither US foreign policy nor its national security is endangered by the litigation.

"Mesa’s allegedly unwarranted deployment of deadly force occurred on United States soil," Ginsberg wrote. "It scarcely makes sense for a remedy trained on deterring rogue officer conduct to turn upon a happenstance subsequent to the conduct—a bullet landing in one half of a culvert, not the other."

ACLU attorney Lee Gelernt, who argued the case filed by the family of José Antonio Elena Rodríguez, said the gravity of Tuesday's ruling could not be clearer given the Trump administration’s militarized rhetoric and policies targeting some people at the border.

"Border agents should not have immunity to fatally shoot Mexican teenagers on the other side of the border fence," Gelernt said in a statement. "The Constitution does not stop at the border.”
Newsletter

Related Articles

0:00
0:00
Close
English Councils to Gain Power to Introduce Tourist Taxes by 2028
Kemi Badenoch Reshuffles Conservative Shadow Cabinet
Firefighters Make Progress Containing Major Wildfires in South Wales
John Lewis Partnership Reports £124 Million Loss
Study Says UK AI Data Centres Will Create Only a Quarter of Forecast Jobs
UK Government Considers Higher Industrial Water Prices Amid Supply Pressures
Andy Burnham Holds First Call With Donald Trump as UK Prime Minister
NHS Records Busiest Summer on Record as Heatwaves Drive Hospital Admissions
Home Secretary Orders Police Crackdown on Far-Right Anti-Migrant Vigilantes
UK Supreme Court Rules Northern Ireland Religious Education Curriculum Breaches Human Rights Standards
Markets Price in Four Bank of England Rate Rises by Next Summer
House of Commons Prepares Free Vote on Assisted Dying Bill
UK Government Bans Trade With Israeli Settlements in Occupied Territories
UK Economy Grows 0.4% in July as Artificial Intelligence Investment Supports Expansion
Andy Burnham Becomes UK Prime Minister After Keir Starmer Resigns
John Lewis Partnership Loss Widens to £124 Million
UK Government to Put White Working-Class Social Mobility at Centre of Equality Policy
McLaren Plans £450 Million Technology Investment Creating 1,000 UK Jobs
UK Chancellor Faces Calls for Wealth Taxes and Public Ownership in Autumn Budget
English Mayors to Gain Powers to Impose Uncapped Overnight Tourist Taxes
JPMorgan’s Jamie Dimon Warns UK Government Against Bank Windfall Taxes
UK Air Traffic Control Outage Cancels More Than 2,000 Flights
UK Imposes Trade Ban on Israeli Settlements in the West Bank
UK Borrowing Costs Surge as Middle East Tensions Push Long-Term Gilt Yields to Highest Since 1998
Buckingham Palace Says Prince Harry and Meghan Will Not Resume Official Royal Duties
UK Treasury Faces Calls to Scrap £100,000 Childcare Support Threshold
Trades Union Congress Urges Labour Government to Rewrite Migration Policy
Riot Police Deployed After Anti-Migrant Protests Turn Violent in Portsmouth
UK Considers Replacing Some Disability Cash Payments With Direct Services
JPMorgan’s Jamie Dimon Warns UK Chancellor Against Higher Banking Taxes
UK Announces New Sanctions Targeting Israeli Settlements in West Bank
Metropolitan Police Investigate Alleged Illegal Donations to Reform UK
UK Charges Wiltshire Man With Assisting Russian Intelligence
UK Orders Urgent Review After Air Traffic Failure Cancels More Than 2,000 Flights
Merz Rebukes AfD Expansion in Saxony-Anhalt
King Charles Confirms Prince Harry and Meghan Will Remain Private Citizens
Labour Selects Former Child Refugee for By-Election in Keir Starmer’s Former Seat
Foreign Private Equity Accelerates Takeovers of London-Listed Industrial Companies
NHS Maternity Care Faces Scrutiny Over Support for Mothers After Caesarean Births
BBC Warns Staff Strikes Are Likely Amid Job Cuts and Programme Cancellations
English Housing Affordability Improves to Best Level in More Than a Decade
UK Health Commission Proposes Framework for Wider AI Adoption Across NHS
Labour Faces Pressure for Wealth Tax Ahead of Autumn Budget
Metropolitan Police Open Criminal Investigation Into Alleged Foreign Donations to Reform UK
UK Police Deploy Riot Officers After Anti-Immigration Unrest in Portsmouth and Dover
UK Defends Sanctions on Israeli Settlements Despite Diplomatic Retaliation
UK Air Traffic Control Failure Cancels More Than 1,000 Flights and Disrupts 65,000 Passengers
Compass Urges £10 Million Wealth Tax and Public Ownership Ahead of UK Autumn Budget
UK Government’s Devolution Plans Face House of Lords Scrutiny
Maldives Seeks New Chagos Sovereignty Talks With UK Prime Minister Andy Burnham
×