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Daniel Cubias

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Death at the Border: Bringing out the Worst in the Immigration Debate

Posted: 06/12/10 07:39 PM ET

In a recent post, I wrote about how violent crime is down in states that border Mexico. This is true despite the repeated fear-mongering of right-wingers, who insist that millions of illegal immigrants are swarming American cities to murder, rape, and desecrate at will.

As it turns out, however, this week offered a spectacularly bloody example of violence along the border. Unfortunately, the violence was committed by us.

You've heard, no doubt, that a fifteen-year-old boy was gunned down near Cuidad Juarez. A U.S. Border Patrol agent shot the teen, supposedly because the boy was among a crowd of Mexican kids throwing rocks at the agent, who feared for his life. Others have said that the agent freaked out and started firing into Mexico, killing a kid who was no threat.

The victim, Sergio Adrian Hernandez Guereca, was either "a straight-A student" or a "repeat juvenile offender" with a "history of involvement with human smuggling," depending whose story you believe. Of course, that doesn't really matter. Either the action was self-defense, or it was murder.

I don't know if the shooting was legit. From this one video clip, it certainly looks like the Border Agent overreacted. But to verify that, we need an investigation.

One would think this is a fairly reasonable request. However, the opinion of many on the right is that even looking into the shooting is an unpatriotic travesty. We've heard that the agent should get a medal, and that questioning his decision to open fire is nothing more than liberal, hate-America, criminal-coddling demagoguery. But that's not the most intense aspect of this story.

For that, one needs only to read the online comments posted about the shooting. My favorite was the straightforward "One down, 12 million to go." We'll set aside the fact that the boy was not actually one of the estimated 12 million illegal immigrants in America (his body was found in Mexico). The implication, of course, is that we need a systematic liquidation of the undocumented.

I have to assume that the commentator was spouting off and didn't mean his post to be a call to genocide (of course, who really knows). But many others have posted similar sentiments.

The point is that regardless of one's opinion of illegal immigration, it is beyond vile to gloat about a teenage boy getting a bullet in the head. It's particularly grotesque that many of the people who post such comments consider themselves fine examples of American virtue and/or Christian compassion.

Just recently, I wrote that sending more troops to the border seemed odd unless they were authorized to use lethal force. And in such cases, "I doubt that all but the most hardened Minuteman will be indifferent to the inevitable sight of a gunned-down family."

Clearly, I was wrong. Many Americans are so full of the milk of human kindness that it causes them not one pang of disgust to hear about a child shot down. In fact, to many, it may even be a cause for rejoicing.

I've written that the first step in immigration reform is to see the undocumented as humans, rather than as some virus that needs to be eradicated. This seemingly obvious statement, unfortunately, needs to be reiterated from time to time.

Again, when it comes to this case, I don't know if the Border Patrol agent was justified or if he's some trigger-happy nut. But it certainly isn't un-American to ask the question.

Nor is it admirable to do online cartwheels when a teenager gets killed. And that's true, as hard as it is for some people to believe, even if the kid is Mexican.

 
 
 
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HUFFPOST SUPER USER
Nezua
publisher of theunapologeticmexican.org
01:37 PM on 06/19/2010
Yup. You see it again. Here, there. Everywhere. There is a vein of hate in this nation against Mexico that, really, is expected. It's an outgrowth of the US's relationship with Mexico, historically. Which is one of plunder and violence and Othering and loathing.

My last weekly vid included this shooting (with translated clip from Univision) http://theunapologeticmexican.org/elmachete/2010/06/16/news-with-nezua-war-by-other-means/ )

Thanks for the post.
HUFFPOST SUPER USER
MPAH
Server Administrator, combat vet, wife, mother, a
04:48 PM on 06/16/2010
This is the rest of my comment:
I am a combat veteran and as such I fell victim of rock (and glass bottle) throwing countless times while patrolling the streets of Iraq. We NEVER responded to those attacks by opening fire on the youths. As part of service to our nation we have an example to set before the world.

The sad thing is that every news agency website that I visited based in Mexico read the SAME EXACT story and the US media had all different versions depending on the website you read.

This kid, after school, was waiting on his brother to get of work to walk home together, as his brother works at the border checking luggage of people going back and forth, and for those of you not familiar with Santa Fe Bridge, it connects both down towns of Juarez and El Paso together, where businesses extend right up to the border crossing on both sides, so is not unusual for people to be hanging around that area as is not some deserted place. It is outrageous how some media outlets are saying that he was a criminal on a most wanted list arrested for the first time six years ago, that would have made him what nine if he was fifteen? Sad the urge to justify the way this agent reacted. How do you "justify" the actions I mentioned above then?

They get better training than us (military) as they handle civilians way more often
HUFFPOST SUPER USER
MPAH
Server Administrator, combat vet, wife, mother, a
04:45 PM on 06/16/2010
I don't know if anyone is monitoring this discussion anymore. I took the time to read every comment before I posted mine. Here we go:

"A Seattle police officer punched a teenage girl in the face, during a confrontation Monday afternoon that was captured by a witness on video." "The arrests come seven weeks after a high-profile incident in which two officers were caught on video kicking and stomping a prone robbery suspect. One officer kicked the man ...while he was lying on the sidewalk and shouted, "I'm going to beat the [expletive] Mexican piss out of you, homey. You feel me?" Officers later let the man go after they realized he was the wrong person."

What is going on lately with law enforcement? There is an honor to serving and protecting, if you can't keep honor and integrity then, what makes you any better than the ones you are fighting against?
This user has chosen to opt out of the Badges program
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04:43 PM on 06/16/2010
““Here is a link to an unedited version of the video. It is from the Washington Post.

http://voices.washingtonpost.com/federal-eye/2010/06/border_patrol_union_defends_me.html””
HUFFPOST SUPER USER
MPAH
Server Administrator, combat vet, wife, mother, a
05:09 PM on 06/16/2010
Tank you very much for the link. This also refutes the statement given by the FBI that the Federal agents pointed their guns and fired firecrackers to scare BP away. The truth is that as soon as the "Federales" got there the BP just fled the scene without explaining the situation or cooperating. What also surprised me is how so many people started telling the federales what happened immediately, instead of staying out of it, like most people do in the states. This are the corrupt monsters we hear about in the media over here. Sure seems to me that the people of Mexico trust them way more than we trust ours
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thromulese
i have a scream
06:26 PM on 06/14/2010
“We've heard that the agent should get a medal.”

Well of course he should. He shot and killed a 15-year-old child who may or may no have been throwing rocks. A hero of such dimension and bravery going up against stones with a little .40 caliber weapon is the stuff action movies are made of. Plus he was brown, and a child for that added bonus.

What has this country of ours come to when such a cowardly overreaction is praised and honored by right wing wacko’s.

It is interesting that they do NOT want an investigation. I guess that would be too much fact and reality for the fascist xenophobes.
07:42 PM on 06/23/2010
Last time I checked--the Border Patrol uses 9mms and not 40s
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HUFFPOST SUPER USER
mikeodd
Quintessential Common-Sense Independent
03:47 PM on 06/14/2010
In the 19th Century at least the "Know Nothings" freely admitted anti-Irish Catholic prejudice as the basis for their hateful position. If this much scrutiny were paid to bureaucracy with the Irish influx this nation would NEVER have become the powerhouse that it did. That goes for the Italians too, since many eschewed the storied Ellis Island voyage for coming in through Canada illegally. It's funny how so many of the same people who crow about the obvious advantages of small government are such gleeful advocates of paperwork on this issue.
04:12 PM on 06/14/2010
It is plainly documented in the history books that most of the "Know Nothing" supporters moved on to become Abolishonists. Funny how a bunch of supposedly racist people magically transformed into people fighting to abolish racism. And the main fear of Catholics was that they were feared to be too conservative and thus would stand in the way of Liberal Causes. They were considered to be the Bush Administration of their time. But of course these facts mean nothing to those who would like to re-write history for fun and profit.
HUFFPOST SUPER USER
jimfl
02:31 PM on 06/14/2010
The BPA should be turned over to Mexico for trial.
01:33 PM on 06/14/2010
It is time to pay our respects to the young teenager who was murdered for no good reason at the border:
We need a national day of mourning for Sergio Adrian Hernandez Guereca to pay our respects; and a one day general strike to shut this counry down and give it time for reflection on just how important the undocumented people are to us!
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HUFFPOST SUPER USER
EndRacismNow
"Diversity is our greatest Strength"
02:21 PM on 06/14/2010
Yes while we're at it let's have a national day of mourning for the AZ rancher who was shot in the back by an illegal alien drug smuggler who he was attempting to help. He would regularly help illegal aliens and this is the thanks he gets.

Lawlessness at the border needs to end. The teenager was involved in human smuggling. Why else would he be meddling with a group of people at the border? This kid was asking for trouble and he got it. The rancher was trying to help these people and his compassion cost him his life.
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HUFFPOST PUNDIT
barefoot2626
02:31 PM on 06/14/2010
I know it is hard for you but do try to not blame all Latinos for what one person did.

We had a war hero do exactly the same thing up here: someone showed up and asked for a jump for a car and the criminal hit in the head with a crowbar.

The criminal was an American so I guess you will want to blame all Americans for the crime.
01:18 PM on 06/14/2010
It's Bush's fault. Now everyone has someone to blame nothing will get done and everyone
will get back to normal. The US will get cheap labor and Mexico can delay the upcoming revolution.
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Pantleg
pantleg
08:21 PM on 06/14/2010
Your smarter than you look.
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Alwayspissedoffatsomeone
Liberalism = Stultification of the Brain
12:00 PM on 06/14/2010
Mr. Cubias, why is that writers overlook common sense and push the unprovens to suit their rants' objectives even to the point of contradicting themselves within the very same article?

With phrases like "gunned down" and "murder", you are quick to draw conclusions for someone that states "I don't know if the shooting was legit.". You've convicted this agent before any research has been done by your own words "it certainly looks like the Border Agent overreacted."

There are more than just two scenerios possible, Mr. Cubias, not just self defense and murder. How about accidental or unintentional. Is that possible? Of course it is. Let the facts play out first, for the sake of this young man and the BP agent.
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HUFFPOST BLOGGER
Daniel Cubias
12:19 PM on 06/14/2010
It's possible that the shooting was accidental, but that appears unlikely. I find it hard to believe that a conclusion other than justified self-defense or murder will be the final comment on this case.
07:43 PM on 06/23/2010
Sorry to tell you--there is no excuse for the Border Patrol agent to be pelted with rocks for doing his job
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HUFFPOST PUNDIT
barefoot2626
12:51 PM on 06/14/2010
It seems to me persons who watch the video should be able to draw their own conclusions.

And I have yet to hear that there should not be an investigation except for the tea baggers who insist the liberals are suggesting that the border guard should be convicted without a trial.

I don't know where you are from, but if someone points a gun at someone and pulls the trigger several times, there indeed can be several possibilities but one of them is not accidental .
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HUFFPOST SUPER USER
Thirdparty123
01:36 PM on 06/14/2010
So, if a bullet ricocheted or if the officer missed his intended target because he had one hand on an individual he was arresting and people were also throwing rocks at him there couldn't be an accidental shooting? Anything is a possibility and I'll agree no one should be condemned here until the investigation is complete.
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HUFFPOST PUNDIT
rikilii
Quod gratis asseritur, gratis negatur.
05:12 PM on 06/16/2010
You would think that people who watch the video would be able to draw rational conclusions, but if you ask anyone about any detail of the video, you can get radically different opinions about the basic facts.

If we can't even figure out the basic facts, how are we supposed to agree on the conclusion.

By the way, there's a third option -- manslaughter.
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SF TKF
Cthulhu thinks you'd make a nice sandwich.
11:21 AM on 06/14/2010
"Unfortunately, the violence was committed by us."

The "violence" was two sided according to all the reports I've read. A group of teens (I've seen the size of the group change in the reports, but it is always at least five strong) were attacking an officer with rocks while he was doing his job.

Like all law enforcement shootings, this one will be investigated. What it will come down to is did the agent have a reasonable fear for his life and safety? I’m guessing that he did.
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HUFFPOST PUNDIT
barefoot2626
12:53 PM on 06/14/2010
If this border guard was in fear of his life in the situation shown on the video, he should not be working where he has access to a firearm.
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HUFFPOST SUPER USER
pecosdog
this sht writes itself
01:13 PM on 06/14/2010
He did not have enough fear that he would quit attending to the guy he has by the collar, kneeling. He made no attempt to find cover from the "barrage" of rocks. He stood calmly and even walked toward his victim as he fired.
10:41 AM on 06/14/2010
If the border is in the middle of the river it is questionable whether the teen was still on US soil when shot. What was he doing there? The reports conflict somewhat over whether he was 14 or 15 years old, but the picture of him in the casket shows a heavy mustache, so I do question his age. He looks like a 20 yr. old. This is regretable, but if an officer's adreneline is pumping running after you it cannot be turned off with a switch, something both sides need to learn, especially law enforcement. If those kids go to the border each day just to start trouble, this is what can happen.
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HUFFPOST PUNDIT
barefoot2626
10:51 AM on 06/14/2010
Loading up your excuses.

He was 15. Some 15 year olds have mustaches. And there is nothing like being dead to age oneself.

Police officers who have the adrenaline pumped up aren't supposed to relieve it by pulling out a gun and shooting people who are nearby. Honest. It is probably in the manual.
11:05 AM on 06/14/2010
Assume he is 20. Just for the sake of discussion.

How is that in any way better that we shot a 20 year old guy who may not have done anything wrong?

An investigation is clearly necessary, since the facts are pretty unclear.
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HUFFPOST SUPER USER
EndRacismNow
"Diversity is our greatest Strength"
12:50 PM on 06/14/2010
This wouldn't be a story if he was 20. The Mexican government is jumping on this for propaganda purposes. They don't give a damn about their citizens. Since it was a child that was shot, it is all the better to appeal to people's emotions.
10:25 AM on 06/14/2010
royofan-Last I heard they had ruled out illegals in the rancher shooting, and declared the culprit/suspect an American. Even if it was an illegal, is this your answer-shoot em all, ask questions later?
10:23 AM on 06/14/2010
This agent clearly was not trained in crowd control. If rocks cause you to fear for your life, then you have no business being a border agent to begin with. Part of the responsibility that goes along with being badged and armed, is the ability to stay calm and be a professional-not to panic and start shooting at unarmed kids.
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SF TKF
Cthulhu thinks you'd make a nice sandwich.
11:16 AM on 06/14/2010
The "kids" were not "unarmed". You go throw rocks at a cop and see what you get charged with (if you too don't get shot for attacking a law enforcement officer).
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HUFFPOST PUNDIT
barefoot2626
12:56 PM on 06/14/2010
Police can be very creative when it comes to making charges. If this boy had made it to trial (something the border guard decided to do on his own) I can see him convicted of disorderly conduct, or, a reach, third degree assault.

Let me know if you can find a assault with a deadly weapon conviction of someone throwing stones.
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HUFFPOST PUNDIT
barefoot2626
04:49 PM on 06/14/2010
One of the excuses the union president of the BGs gave was 'they were not trained in crowd control'.

One wonders exactly what kind of training they get- are they trained in when they can use lethal force?
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HUFFPOST SUPER USER
royofan
Obama sez-"If u c something suspicious, speak up"
10:16 AM on 06/14/2010
And where was the liberal outcry when that rancher got shot? I believe he was out on his ranch checking a water cistern that he had recently or was in the process of putting a spigot on for the illegals.What was he doing wrong that he deserved to get shot?

Anyway you slice it, this kid sure appears to have done at least one thing wrong if not several.The funny thing about doing the wrong thing, is that you often have to pay for it.
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HUFFPOST PUNDIT
barefoot2626
10:58 AM on 06/14/2010
What silliness- step back from your tea cup. Why don't you ask a liberal (any liberal) what he or she feels about any murder? Is there one liberal anywhere that would not condemn that murder?

It is not a capital crime to be a Latino in Arizona- not yet. Perhaps with the tea baggers it will be- maybe illegal to be a member of a few other minorities, we shall see. But even in Arizona, there is a court system and justice- even in Arizona- should be delivered by them, not some hot head with a gun.
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HUFFPOST SUPER USER
pecosdog
this sht writes itself
11:11 AM on 06/14/2010
Keep up with your rightwing hate-stories will you? I know the rightie media has dropped this onesince it has turned out that the main suspect in that killing was a white American citizen, not an "illegal", but the story is out there.