In United States, debate over constitutional protections for non-citizens on foreign soil

By Rachel Taube, 10 August 2018
photo credit: Kjetil Ree/flickr
photo credit: Kjetil Ree/flickr
For several years, U.S. courts have been trying to answer a question: Is a Mexican citizen killed on Mexican soil by a U.S. border agent protected by the U.S. Constitution? On Tuesday, the U.S. Court of Appeals for the 9th Circuit ruled that José Antonio Elena Rodríguez, a Mexican teenager who was shot and killed near the border in his hometown of Nogales, Mexico by a U.S. border patrol agent, was protected under the U.S. Constitution. However, that ruling runs contrary to a similar case, where a teenager named Sergio Hernandez, was shot and killed by a border patrol agent near Juarez, Mexico in 2010. That case made it to the Supreme Court, but was sent back to a lower court. Just a few months ago, in March, the U.S. Court of Appeals for the 5th Circuit ruled the teenager in that case, wasn’t protected under the Constitution.
Read the full article here: Texas Standard


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