Supreme Court to rule on border shooting: Does the US Constitution protect someone on the Mexican side? – Los Angeles Times

The Supreme Court on Tuesday will take up the case of a Mexican teenager who was shot and killed by a U.S. border agent and try to decide a question that is also at the heart of the legal dispute over President Trump’s foreign travel ban: Does the Constitution protect foreign citizens who stand at the nation’s borders?

Judges have blocked Trump’s order temporarily on the grounds it may violate the constitutional rights of foreign travelers from seven Muslim majority nations. Some of those foreigners  live legally in this country and had traveled abroad, while others hold U.S. visas but have never been to the United States. However, the law in this area is far from clear, and it will likely remain so until the high court rules on the issue.

The border shooting case touches on a similar question, and the outcome may affect the travel ban litigation.

In June 2010, Sergio Hernandez, 15, was playing with two friends in the concrete culvert that marks the boundary between El Paso and Juarez, Mexico. Cellphone video shows the boys ran up the culvert on the U.S. side and touched the high fence. They turned to run back to the Mexican side when a U.S. border patrol agent on a bicycle came upon them.


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