Chief’s Counsel: Separation of Powers and a Cross-Border Shooting

Many agencies have a jurisdiction adjacent to foreign borders, and policing along the border comes with international issues. Different legal issues arise when officers use force in a cross-border situation. The U.S. Supreme Court examined a cross-border use-of-force incident in Hernandez v. Mesa, when a U.S. Border Patrol agent fired across the U.S.-Mexico border, killing a Mexican national and resulting in the potential to create civil damages as a remedy.