Mistrial in Border Patrol Agent Case Creates Concern Over Possible Border Impunity

By Maria E. Molina
Impunity Watch Reporter, North America

TUCSON, United States – An Arizona judge has declared a second mistrial in the murder prosecution of a Border Patrol agent. The case has left human-rights groups worried that violence against illegal immigrants on the United States-Mexico border will increase.

The border agent spotted four illegal immigrants fleeing south towards Mexico. He turned his patrol truck in the direction of the immigrants in order to intercept the group and ordered the immigrants to lie down and surrender.  One of the immigrants refused the agent’s order and the agent shot him from less than a foot away.

Humanitarian groups believe that the mistrial will forward a message that Border Patrol agents are above the law.  These mistrials have left people afraid that violence against immigrants and violence against Hispanics living in the border area will increase.
Human rights activists have urged that the trial demonstrates the need for better screening and investigation into agent backgrounds.  In addition to these background checks, it has been suggested that border agents should be subject to better training in non-lethal responses to situations as well as ongoing training and certification in constitutional and human rights.

Border Patrol agents have killed 12 people in the past two years along the 1,950-mile frontier. Immigrant rights activists say these statistics show a pattern of border crossers being abused at the hands of unchecked agents. While there have been reports about human rights abuses at the U.S.-Mexican border, most of these cases have resulted in dismissal or acquittal.

For more information, please see:

Border Action Network - Hung Jury in Border Patrol Trial - November 5, 2008

The Arizona Republic - Mistrial ends murder case against Ariz. border agent - November 5, 2008

United Press International  - Third trial for U.S. border agent unlikely - November 5, 2008