Hernandez v. Mesa ends with a decidedly Trumpy result.
Sergio Adrián Hernández Güereca, a 15-year-old Mexican boy, was with his friends near the US-Mexican border when one of those friends was detained by US Border Patrol agent Jesus Mesa. Hernández ran onto Mexican soil, and Mesa fired two shots at the boy — one of which struck him in the face and killed him.
Hernández and his family disagree about the events that led up to this shooting. The family says that Hernández and his friends were simply playing a game where they would run to the fence that separates the United States from Mexico, touch it, then run back to their own country’s soil. Mesa claims that Hernández and his friends threw rocks at him. (Significantly, the Justice Department has refused to take any action against Mesa.)
Regardless of who is telling the truth, the question in the Hernández case is whether Mesa is immune from a federal lawsuit even if he shot and killed Hernández in cold blood. The Supreme Court held, in a 5 – 4 decision along familiar partisan lines, that Mesa cannot be sued.
The case turns upon whether the Supreme Court’s decision in Bivens v. Six Unknown Named Agents (1971), which permitted federal lawsuits against law enforcement officers who violate the Constitution, has any real force in 2020. After Justice Samuel Alito’s opinion in Hernández, the answer to this question is a resounding “no.”
Alito’s opinion does not explicitly overrule Bivens, but it appears to be laying the groundwork for a future opinion that will eliminate Bivens’ protections against federal officers who violate the Constitution. Notably, Justice Clarence Thomas wrote a separate opinion in which he argues that “the time has come to consider discarding the Bivens doctrine altogether.”
Bivens v. Six Unknown Named Agents, briefly explained
The Constitution’s Bill of Rights places a number of restrictions on law enforcement, including the Fourth Amendment’s ban on “unreasonable searches and seizures.” But the Constitution is silent about whether an individual officer may be sued if they violate one of these restrictions. Although a federal law does permit suits against state law enforcement officers who violate “any rights, privileges, or immunities secured by the Constitution and laws,” there is no such statute that explicitly authorizes suits against federal agents.
Read the full story here; https://www.vox.com/2020/2/25/21152643/supreme-court-hernandez-mesa-bivens-border-guard-cross-mexico