November 20, 2024 – Today, the Southern Border Communities Coalition took its fight for dignity and human rights to the U.S. Supreme Court by filing an amicus curiae (“friend of the court”) brief in a major police shooting case, Barnes v. Felix, to hold law enforcement including Customs and Border Protection (CBP), accountable for decades of unchecked killings and abuse.
Represented by the University of California, Berkeley School of Law Human Rights Clinic and RFK Human Rights, SBCC urged the Supreme Court to respect international human rights law on police use of force, which requires that law enforcement only use force that is necessary and proportionate to the threat before taking the extreme choice of using deadly force.
On October 4, 2024, the Supreme Court agreed to hear Barnes v. Felix, a case stemming from the tragic killing of Ashtian Barnes, a Black man who a deputy shot near Houston during a traffic stop for an unpaid toll fee associated with his rental car’s license plate.
The case centers on the use of force standard used by law enforcement, including whether courts should evaluate killings by officers based on the controversial and narrow “moment of the threat,” only examining the seconds before police pull the trigger, or based on a more holistic evaluation looking at the circumstances surrounding the shooting.
“A flawed use of force standard lets police and CBP agents get away with murder,” said Ricky Garza, Border Policy Counsel for Southern Border Communities Coalition. “A lax use of force standard let CBP kill Anastasio Hernández Rojas with impunity. It’s long past time for the U.S. to fulfill its international treaty obligations and restrain law enforcement from an ‘anything goes’ policy when it comes to law enforcement violence.”
“Our legal system cannot continue to shield deadly violence by law enforcement from accountability,” said Roxanna Altholz, Director of Berkeley Law’s Human Rights Clinic. “International law sets a clear standard: force must only be used when absolutely necessary, proportionate, and as a last resort. The Supreme Court’s decision in this case will determine whether the U.S. upholds these principles- or
perpetuates a system where impunity prevails over justice.”
“In 2023, U.S. police killed more people than any year on record,” said Delia Addo-Yobo, U.S. staff attorney at Robert F. Kennedy Human Rights. “Our country’s use of force standards are woefully inadequate, enabling unchecked police violence and incentivizing law enforcement officers – including Border Patrol – to disregard human life.”
The Supreme Court has set oral arguments in Barnes v. Felix for January 22, 2025.
The Southern Border Communities Coalition brings together organizations from San Diego, California to Brownsville, Texas, to ensure that border enforcement policies and practices are accountable and fair, respect human dignity and human rights, and prevent the loss of life in the region.
Robert F. Kennedy Human Rights is a nonpartisan, not-for-profit organization that has worked to realize Robert F. Kennedy’s dream of a more just and peaceful world since 1968. In partnership with local
activists, RFK Human Rights advocates for key human rights issues, championing change makers and pursuing strategic litigation at home and around the world. And to ensure change that lasts, we foster a
social-good approach to business and investment and educate millions of students about human rights and social justice.