U.S.-Mexico Cross-Border Shootings & Hernandez v. Mesa (2020): Moving From Segregationist Security to Transnational Security via Extradition Policy

Jefferson T. Stamp
Vol. 28
May 2024
Page 87

One key measure of U.S.-Mexico transnational security over the last twenty years can be found in the area of extradition policy. During the past two decades, the focus has been on increasing extraditions from Mexico to combat drug trafficking. In contrast, when presented with extradition requests for Customs and Border Protection (“CBP”) officers in cross-border shooting cases, the U.S. government has declined the requests. While no public rationale has been provided, the denial of extradition in these cases reflects an outdated and segregationist security regime, which separates international human rights enforcement from U.S. national security operations. This segregationist approach to security is epitomized by the 2020 U.S. Supreme Court decision in Hernandez v. Mesa. In rejecting the plaintiff’s Constitutional claims, the decision leaves the Mexican victims of cross-border shootings without any recourse to vindicate their human rights. It also perpetuates historical justifications of violence against Mexican nationals at the border. In contrast, a more modern approach to transnational security resolves that the U.S. should adopt a policy of extraditing CBP officers who are responsible for cross-border shooting deaths and serious injuries. This targeted change in extradition policy will create a more stable U.S.-Mexico relationship because it will shift the asymmetrical balance of power from unaccountable CBP officers to unarmed Mexican nationals who pose no real threat to U.S. national security when they are on the other side of the border. Facilitating extraditions in cross-border shooting cases will also provide greater protection for international human rights and increase transnational security for both countries and their citizens.

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