CBP’s vague use of force policies have led to a culture of impunity. While many victims of CBP abuse never receive justice, SBCC has identified three key cases that set precedent.
On May 28, 2010 at the San Ysidro Port of Entry, CBP agents beat, tased and suffocated Anastasio until he stopped breathing. Anastasio was revived and remained on life support for several days until he died on May 31, 2010. UPDATE: Because of the egregious miscarriage of justice by the U.S. criminal justice system, the case was accepted by the Inter-American Commission on Human Rights (IACHR), a full six years after Anastasio’s death. This is the first known extrajudicial killing case that will be decided involving U.S. law enforcement. The outcome of this case could set a precedent for other cases against border authorities and police who have killed with impunity.
On October 10, 2012, José Antonio Elena Rodriguez, a 16 year-old Mexican resident was shot in the back after allegedly throwing rocks at a CBP agent. UPDATE: On March 2, 2020 the Supreme Court returned the cross-border shooting case to an appellate court in California, due to a recent ruling by the court to dismiss charges in a similar case, the Sergio Adrian Hernandez-Guereca case.
On June 7, 2010, Sergio Adrian Hernandez-Guereca, an unarmed 15 year-old Mexican resident was shot by a CBP agent while standing on the Mexican side of the Mexico–United States border, and the agent was on the American side. UPDATE: On February 25, 2020 the Supreme Court ruled that the parents of Sergio Adrian Hernandez-Guereca cannot sue the Border Patrol agent who shot and killed Sergio.