A series of investigations and lawsuits seek to shed light on shootings by agents of U.S. Customs and Border Protection (CBP), the agency which includes the U.S. Border Patrol (BP), involving Mexican nationals located across the border on Mexican territory. Asserting civil claims over these incidents has proven difficult, both practically and legally. The CBP and related agencies suffer from a lack of transparency, which makes the discovery process difficult. Courts have been reluctant to exercise jurisdiction over claims by foreign nationals, raising questions about jurisdiction and rights when an agent fires a gun on one side of an international border, and the injury occurs on the other side.
According to the Arizona Republic, BP and CBP agents have been involved in at least forty-two fatal uses of force since 2005. Thirty-eight of those deaths occurred near the U.S.-Mexico border. The Republic describes them as varying from “strongly justifiable to highly questionable.” Four BP agents have died in “direct conflicts with aggressors” in roughly the same timeframe.
Jose Antonio Elena Rodriguez, age sixteen, was shot and killed by BP agents on October 10, 2012. The agents were located in Nogales, Arizona, while Rodriguez was in the Mexican town of the same name. The agents claimed that Rodriguez was throwing rocks at them. Agents are permitted to use deadly force in response to threats, and they treat rocks as a deadly weapon as a matter of policy.