Document Type
Student Article
Abstract
In two recent cases, children were shot by Border Patrol agents across the United States and Mexico border. In one case, the Ninth Circuit found the Border Patrol agent was not entitled to qualified immunity and should pay damages to the teen’s family. However, the Fifth Circuit refused to allow damages in the other case because of concerns over national security. The circuit split raises questions over separation of powers and how far the power of the courts should go when deciding damages in cases involving transnational issues. This Article discusses officials’ qualified immunity and its limits when constitutional violations occur; judicially created Bivens damages; and the circuit split over separation of powers concerns and fairness to plaintiffs.
DOI
10.37419/JPL.V6.I4.1
First Page
437
Last Page
460
Recommended Citation
Elizabeth Cook,
Justice at the Border: Should Courts Provide Relief for Constitutional Violations at the Border?,
6
Tex. A&M J. Prop. L.
437
(2020).
Available at:
https://doi.org/10.37419/JPL.V6.I4.1