Co-authored by Michelle Brané, Director, and Jennifer Podkul, Program Officer, Detention and Asylum
It's been two years since Sergio Hernandez-Gueraca was killed by Customs and Border Protection agents. In June 2010, as 15-year-old Sergio was attempting to cross into the United States, a confrontation between a smuggler and Border agent broke out. According to allegations made by the U.S. government, Sergio threw rocks at the agents from the Mexican side of the border. The agents responded by shooting and killing him.
This month, the Department of Justice closed the investigation into Sergio's death. After over a year of investigations involving the Inspector General, FBI, U.S. Attorney's Office and the Justice Department's Civil Rights Division, the Justice Department declared that "there is insufficient evidence to pursue prosecution of the CBP [Customs and Border Protection] agent for a federal homicide offense." In essence, authorities found that the agent acted consistently with U.S. policies regarding the use of force.
That shooting a child who is throwing rocks is consistent with policies regarding use of force is unacceptable. It is true that rocks can do serious damage -- as Customs and Border Protection has demonstrated to us through video clips every time we visit the border. But is it really necessary to fire a gun to kill? That Sergio was 15 years old and was allegedly throwing rocks from across the border makes this scenario even more alarming. The question regarding the appropriate use of force becomes glaringly obvious. It is problematic that firing into Mexican territory at children throwing rocks could ever be considered an appropriate use of force consistent with U.S. policy.
Unfortunately, Sergio's case is not an anomaly. Since 2010, Border Patrol agents have killed at least seven members of border communities -- half of them minors -- and seriously injured several others. To date, Customs and Border Protection has not taken any action against the agents involved. Neither has there been a public investigation, which would help families understand why their loved ones were killed or injured.
Calls are growing for the U.S. government to make reforms in the immigration system and to closely examine the impact of U.S. border security policies on the safety of migrants crossing into the country. Customs and Border Protection currently operates under very little oversight and with little transparency. They have few public policies or procedures in place to provide guidance to agents on how to protect vulnerable migrants, including how to address incidents of sexual assault, family separation or allegations of abuse. Numerous migrants have reported abusive treatment by border patrol agents and inadequate conditions at border patrol stations and short-term facilities. Agents have also failed to identify and respond to migrants' accounts of sexual assault and trauma and their fear of persecution.
While no one would deny that the work Customs and Border Protection does is difficult and at times dangerous, we are deeply concerned by the lack of a public internal investigation of the agents involved in these cases and by the finding that the shooting of Sergio is consistent with policy. The Department of Homeland Security must review Custom and Border Protection's use of force policy to ensure that it is appropriate and reasonable.
As the number of unaccompanied children and families migrating to the United States rises, it is essential that our enforcement system be modified to acknowledge and address the need for protection that motivates and compels them to migrate. The U.S. government must address this humanitarian crisis right away.
I would do the same thing.
Since even the border patrol cannot just race across the border into Mexico, what were they supposed to do to deal with the situation? Duck?
If you want to throw a rock at a cop go to Europe and do it, if you do it in the US expect to be shot and killed.
We are not Europe.
Not in the cases of riots, they tend to allow it. Go to TX or NYC and try this stuff, you are gong to be eating out of straw for a long time.
But what she failed to mention is those calls are coming from illegals and foreign nationalist.
Safety of "migrants" crossing the border? What about the safety of the Patrol Agents & Americans!
No amnesty! Not now, not tomorrow, not ever!
In Mexico, the first offense is deportation; the second, you go directly to jail. Way to go! In some other countries the punishment is more severe. - We are the only country in the world to treat illegals so regally. Color that more than dumb.
The simple lesson here is not to throw rocks at people with guns and badges regardless of what country they are from. If an American child had been doing the same thing to Mexican border patrol he would likely have been shot much faster and for less reason. We arrest our people for trying to cross into Mexico illegally. Their police just watch them go and roughly arrest anyone trying to come back. Our CBP agents have a right to defend themselves. People across the border can yell and scream all they want, but when they start throwing things, it may get real for them very fast.
The safety of migrants breaking the law by illegally entering our country is not our concern. They should stop trying to cross our borders illegally, then there wouldn't be a problem.
Why do people worry so much about these criminals?
They come to our country illegally, they bring in drugs, commit welfare fraud, steal ss numbers ruining people's lives, use our medical facilities on the tax payer's dime, drive drunk without insurance, and they commit numerous other crimes too. Yet some people worry so much about their safety.
Should we waste more tax payers' money on these people? NO.
What they need to do is start fixing the problems in Mexico, and stay out of the US unless they come here legally.
Ms. Brane, what part of illegal don't you get?
If the illegals get shot breaking our laws, they have no one to blame but themselves.
Remember, Mexico's immigration laws are much harsher, and people are treated much worse on their southern border, so why don't you go down there with your concerns?
However, I do think our police, Border Patrol & other law agencies (excluding Holder's DOJ) are the best!