The Supreme Court on Tuesday heard contentious oral arguments in a case that involves whether and to what degree constitutional protections should be extended to non-citizens, as the Trump administration readies new guidance on the nation’s handling of foreign nationals at U.S. borders.
At issue in Hernandez v. Mesa is whether the Fourth Amendment applies to a U.S. Border Patrol agent’s cross-border shooting and killing of an unarmed Mexican teenager, Jesus Hernandez. The case also presents questions about whether the border agent is entitled to qualified immunity and whether the parents of the victim can sue the agent.
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