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OPINION: Liberal Ninth Circuit Judge Just Granted Illegals Dangerous New ‘Right’

One of the toughest and most dangerous jobs in America is being a Border Patrol agent. Every year you hear of a number of them being k-lled or injured for one reason or another. The overwhelming majority of those cases are tied to those breaking the law by either trying to come here illegally or by moving g-ns, drugs, and people over the Mexican border. The men and women who sign up for this duty are nothing short of heroes in my book. And they keep doing their job even when bureaucrats nullify immigration laws and basically throw them under the bus for a political agenda. It’s a thankless job and it just got worse thanks to a liberal Ninth Circuit Court judge.

It’s bad enough that illegal immigrants are still gaining access to this country by crossing the border. They are a danger to these agents and to Americans in general. Once here, many claim welfare, work, education, to be counted in the Census, healthcare, and citizenship for their children. You can add to that list the dangerous new right for illegal aliens to sue Border Patrol agents for simply doing their jobs.

This one puzzles me because this judge was appointed by Ronald Reagan and he is considered conservative. He sure isn’t acting like it. Judge Andrew Kleinfeld ruled this week that border agent Lonnie Swartz is not covered by qualified immunity, thereby allowing a Mexican woman to sue him for sh-oting her teenage son during border violence in 2012. In other words, for doing his job and protecting himself and his fellow officers, this judge says the mother of an illegal alien that was trying to kill them can sue this officer. This should rock you on your heels because what it shows is a rogue legal system that is trying to seize control of our foreign and military policies. This has the potential to set precedent for family members of Mexicans involved in drug cartels and violence to hinder border security and the rule of law even further.

From Conservative Review:

“In October 2012, Agent Lonnie Swartz shot a number of rounds through a border fence in Nogales, an Arizona-Mexico border town, and killed 16-year-old Jose Antonio Elena Rodríguez, who was part of a group throwing rocks at border agents after they confronted individuals climbing a fence and smuggling drugs. Swartz was prosecuted under regular criminal law and acquitted earlier this year by a jury on charges of second-degree murder. The jury was deadlocked on charges of involuntary manslaughter, and there may be a new trial.

“Whether Swartz should have used lethal force in this case is tough to judge based on the details available, but it underscores just how dangerous our border is and the failure of our government to deal with the problems on the Mexican side of the border.

“As Breitbart Texas has reported over the years, when agents are isolated and surrounded by rock-throwers, it can’t categorically be dismissed as “kids throwing pebbles.” And as the local border patrol union pointed out, the deceased in this case doesn’t exactly appear to be a nonviolent Boy Scout. Let’s not forget that the gang life at our border in which some of these teens are reared is every bit as violent as the worst acts of ISIS.

“Whether Swartz rightfully or wrongfully pulled the trigger is a question that our military and police often face under the duress of chaotic circumstances. Those delicate cases need to be dealt with by the agency leaders, as guided by Congress. When appropriate, they can bring charges against bad actors, as has been the case in many instances. This case is no different.”

In my opinion, it is ludicrous for any judge to allow these agents to be sued for doing their jobs. If they are reprimanded for something, that should come under the oversight of the Border Patrol, the government, and our legal system. Those men were throwing rocks at these officers. Don’t let anyone tell you different… rocks are deadly weapons and can kill if they hit someone. Should the agents have just let these violent criminals come over the fence with their weapons and drugs? Agent Lonnie Swartz was acquitted over this, but because the radical Ninth Circuit thought that was unfair, they will let this officer be sued for something he was found innocent of. That’s not justice, it’s weaponizing lawfare.

This kind of ruling is commonplace for the Ninth Circuit Court and many of their rulings are overturned for this reason. This is an abuse of power and it’s not even remotely constitutional. Kleinman conceded that “Border Patrol agents protect the United States from unlawful entries and terrorist threats,” which are activities that “help guarantee our national security,” but then speculated that “holding Swartz liable for this constitutional violation would not meaningfully deter Border Patrol agents from performing their duties.” First off, as I said, I do not believe the ruling is constitutional. But beyond that, claiming that the ruling would not deter Border Patrol agents from performing their duties is laughable. If officers fear being sued into the ground for doing their jobs, they are likely not to do their jobs. See California.

We seem to now have judges determining national security policy and that should never be the case. Similarly, these same activist judges are trying to undermine executive power from the president constantly. We should be solely concerned with our own national sovereignty. But this judge snarked that “the only foreign policy concern that we can glean from the briefs is the need to avoid violating Mexican sovereignty.” He then had the nerve to cite an amicus brief filed by the government of Mexico. I think he is confused about what the term ‘sovereignty’ means and which country he is a citizen of.

This ruling will work its way to the Supreme Court and most likely result in a ruling in favor of Agent Swartz. But the left, Mexico and the Ninth Circuit Court will keep pulling these stunts until someone steps in and breaks up that radical court so these types of incidents stop occurring. A ruling such as this screams that we are no longer a sovereign nation and that our Border Patrol agents are the enemy, not our protectors. That’s insane. The ruling ignores Supreme Court law and tries to control the separation of powers between the judiciary and the political branches of government.

The Border Patrol should feel safe to do their jobs and know that Americans have their back as well. Our Constitution and laws were meant to protect American citizens, not to enable foreigners who are intent on hurting or killing law enforcement and American citizens.


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