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Congressional Hispanic Caucus Statement on Supreme Court Ruling in Cross-Border Shooting of Child

February 25, 2020

In Hernandez v. Mesa, the Court ruled that CBP Agent Jesus Mesa Jr. could not be sued for the shooting death of 15-year-old Sergio Hernandez

WASHINGTON Congressman Joaquin Castro (TX-20), Chairman of the Congressional Hispanic Caucus (CHC) issued the following statement in response to the Supreme Court 5-4 decision on Hernandez vs. Mesa:

"Sergio was an unarmed child when he was gunned down across the border by US Border Patrol Agent Mesa. Because of today's decision, the Hernandez family now has no path to seek justice for his murder. This ruling means that moving forward, no one, not even unarmed children or their families, have the right to sue a federal agent for a cross-border shooting. This decision comes at a time when thousands of asylum seekers are being forced to live in camps along the border because of the ‘Remain in Mexico' policy. If children like Sergio - who was just playing along the border - can be murdered without recourse then CBP agents know that they will not be held accountable for similar crimes.

"Justice Ginsberg rightly noted that this was not an isolated incident. It's become abundantly clear that Trump's Department of Homeland Security and Customs and Border Protection are out of control and must be reined in. Congress must hold this department accountable and ensure that agents who abuse their power face justice."

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The Congressional Hispanic Caucus (CHC), founded in December 1976, is organized as a Congressional Member organization, governed under the Rules of the U.S. House of Representatives. The CHC is dedicated to voicing and advancing, through the legislative process, issues affecting Hispanics in the United States, Puerto Rico and U.S. Territories.