As will be discussed, there are claims available to survivors, but they probably have no case against Joe Biden or his admin. Authorities had to begin identifying the 53 people who died when they were left in a tractor-trailer with no air conditioning in the Texas heat.
Republicans claim that president Biden stopped building our fully funded border wall to flood our country with illegal aliens in time for the next U.S. voting district census. The reason was not because of illegal voting (Democrat-appointed judges say there is no evidence of “widespread voter fraud,” etc.), but to flood red states with “illegal aliens,” so Democrats can flip red voting districts blue using the census to create new representatives.
Republicans say there is overwhelming evidence that peasant families will re-settle in blue areas inside red states and are even being shipped there by the Biden Admin like the Borg from Star Trek.
Both parties also know that the adult children of illegal aliens will overwhelmingly vote for socialist systems similar to those their parents fled. That means most illegal immigrant families won’t be voting Republican once they finally receive amnesty, which is the goal of the left, based upon their own admissions.
Democrats immediately offer food stamps and other goodies to these migrants to get them hooked on tax subsidies, say Republicans. Democrats claim this is just a conspiracy theory by racist Republicans and that we should use our taxes to help those non-citizens re-settle in the U.S.
Soon after Biden was sworn in, our Southern border exploded. At least 1 million “got aways” flooded past DHS and the U.S. Border Patrol.
Fentanyl deaths, diseases, and sexual assaults began to rise in U.S. border states, yet the mainstream press continued to cry it’s racist to enforce our border or build a safety barrier to protect the U.S. Now we are faced with families being destroyed based on a promise by our president to end Trump’s shelter-in-place policies.
As an aside, Republican claim that Soros funded organizations in Central America, including El Salvador, fund activists to assist largely military-aged males in how to demand political asylum and what to tell the U.S. immigration judge.
They even offered an online manual, maps, and assistance on how to get arrested, processed, and released by DHS. They are also taught how to find U.S. taxpayer-funded aid, free smartphones, and about anything else at U.S. taxpayer expense, say organizations like Project Veritas. They say there is a push by the Biden admin to bring these mostly military-aged males into our country. The left says this is all just racist lies.
The left says it’s to end racism and income inequality. The right says it’s a backdoor attempt to use foreigners to split voting districts. Former President Trump had signed an executive order banning illegal aliens from being used to flip voting districts into two or more new congressional districts. (Source 1, Source 2.) One of president Biden’s first acts, besides paying contractors not to complete the border wall, was to re-allow illegal alien body counts to be used for redistricting states.
Redistricting happens when one city’s population increases. When it goes over a specific body count, the district splits in two, creating a brand new congressional representative to cancel out a red section with mainly law-abiding citizens as their residents and a shrinking population.
Let’s say you have one blue district with 100 people in a red state. Arguendo, if it goes over one hundred BODIES, the new BODIES, even though they can’t vote get a new democrat representative in a new blue district in a red state. If this can be multiplied enough, you can have millions of people intelligible to vote, yet creating a new blue district with their own new democrat congressman bringing in tax paid subsidies to the immigrants.
This can be multiplied with just a few people living there with the legal right to vote at all! You could literally have a blue district with thousands of illegals receiving benefits from their democrat representatives and just a few hundred legal voters in the actual district and it’s all achieved by a single, executive order.
Ultimately, with enough illegal aliens, you could flip the entire red state blue with just a few citizen voters living in each NEW district who are democrats, as it is now a blue district.
Republicans claim people from Central America and even Mexico City are being hustled into a life of dependency on democrat tax subsidies, and into a cog of permanent, dependent, democrat voter status to be fed and clothed from the cradle to the grave. Using the U.S. census to create as many future blue voting districts before midterms and Republican investigations of this border/census scheme is the goal of democrats, say, Republicans.
Democrats counter that we don’t have wide open borders and need food servers, people to pick strawberries, etc. In the middle, we have everyday parents and families dealing with hyperinflation and lack of housing. Republicans say these are the people who were forced to pay for free phone and hotel expenses for the influx of President Biden’s census immigrants.
There are now widespread news reports of murders, carjackings, and a general lack of violent crime countermeasures by law enforcement. Progressive California has a catch and release policy to prevent violent criminals here illegally from being deported by ICE. Parents and families are fleeing California to red states as border crossers are being given free housing and health care by Governor Newsom.
Democrats say everything is fine and even made it legal for undocumented immigrants to vote in local New York elections. Although the more traditional courts struck down this law, New York Democrats say the solution is to replace these law-abiding judges with political rubber stamp judges who will allow illegals to influence our local elections and tax benefit distributions. (This is called “court packing.”)
Democrats have had the option to push for a Constitutional Convention to change our laws legally, but conservatives say these left leaning individuals realized it was far easier to gut the Constitution by appointing judges who would skirt its history or ignore it using arguments like “systemic racism,” etc.
This is the battle between Originalists who say we must be “bound by the chains of the Constitution,” and progressives who believe it’s ok to change legal definitions on the fly since the Constitution is a “living document,” (as in England) hence no need for a 10th Amendment or to hold a pesky convention to take away or diminish rights of “We the People,” especially when it comes to armed resistance to prevent an all powerful central government with the abolition or gutting of the Second Amendment.
Democrat politicians say our southern border is really “secure.” People are getting killed en masse, but this is just because of poverty and political persecution in Central America, etc. Female children in particular will face at least one rape as they try and illegally cross our border with the assistance of Narcos and Mexican gangs.
So one side argues the president and democrats created a situation to influence elections using our census and the other side says they are helping save persecuted political refugees.
If the president invited these people to come, does the U.S. face liability for the injuries and deaths caused as a result of the president’s invitation? Can migrant families sue the president for wrongful death as a result of the tons of drugs and rapes caused by the president’s turn-blind eye policies? What about suing the Narcos?
The answer is absolutely not. The police have no duty to protect individuals and neither does DHS unless they assume a duty by locking the illegals and other lawbreakers up. The Narcos are known to work very closely with the corrupt Mexican government, so identifying and suing them would be nearly impossible.
Plus you’d likely be assassinated by a Sicario who could easily walk across the border fully armed as a result of the mass immigration happening. Let’s take a look at another story the media has tried to spin in favor of our open borders policy.
Probably not. Here, the families could argue that president Biden set in place a policy that enticed these people to come. Amnesty, free housing, free food, free smartphones, and years and years of delayed DHS hearings would make America a great place for them. The families could offer evidence that they were to be flown into and bused to a blue district in a red state at 2 am in order to flip the red state blue.
They could argue it’s a conspiracy between the democrat party and the Biden admin. The court would likely argue sovereign immunity and point out that neither the Constitution nor the law requires law enforcement to protect individuals.
I don’t know if Mexico even has a wrongful death statute like California. But I am not well versed to know enough about their government immunity rules, etc. to answer this question. This is, by far, the deadliest tragedy befalling migrants smuggled across the Mexico-US border to date.
Henry Cuellar, the U.S. Representative of Texas, said that the truck driver and two others were arrested. So for sure they can be sued for wrongful death in California, assuming there is a surviving family member here to sue for loss of consortium, lost wages, etc. Hopefully there is truck insurance with enough coverage for over 50 decedent’s families.
The driver claimed to have passed a Border Patrol checkpoint outside of Laredo, Texas, on I-35. He said he didn’t know migrants were inside his truck. An argument could be made that the Border patrol was negligent in failing to protect the dead migrants. However, as discussed, police have no legal duty to protect individuals unless they had assumed a duty to do so.
Luckily, investigators traced the vehicle’s registration to a San Antonio residence, detaining two Mexican men for possession of weapons, according to the U.S. attorney’s office. We do know that like a U-load truck, cartels will ship created AK-47s and other long arms left over from past wars in Central America along with narcotics and migrants locked in the truck trailer.
How Were the Bodies Found?
A city worker discovered the bodies of these migrants Monday afternoon. They heard cries for help from the truck, which was parked on a back road. Upon opening the tractor-trailer doors, a gruesome scene befell them.
Hours later, there were body bags all over the ground. Over 12 people were taken to a hospital, and four were children. Their bodies were hot when touched, according to the head of the clean-up team.
The San Antonio mayor told the news that it was a horror surpassing everything they’ve experienced before, and it was a preventable tragedy at the hands of coyotes close to home. Since these people may be clients in a wrongful death lawsuit, let’s explore their rights as truck passengers and a little more about what happened.
Identification of the Victims
On Tuesday afternoon, the medical examiners had identified about 30 of the victims. However, they were using additional steps to confirm who these people were. Roughly 27 of the dead are likely of Mexican origin, which is based on the documentation they carried. Seven were from Guatemala, but two people were from Honduras.
Many survivors were still in critical condition on Wednesday, with injuries such as internal bleeding and brain damage. Jose Luis Guzman Vasquez was one of them. Aged 32, he came from San Miguel Huautla. The man was severely dehydrated.
People try to cross the U.S. border from Mexico to live a better life. However, it leaves death and victims in both countries. The border authorities try to stop migrants, with 240,000 turned around in May of 2022 alone.
The pandemic has made things harder to handle, too. Any migrants expelled because of a public health issue can’t face legal consequences. Therefore, these people are encouraged to try again, delivering profits to the cartels and even U.S. tax-funded hotels in record amounts.
South Texas is the top spot for illegal border crossings where movements and murders have climbed. U.S. authorities claim to find trucks with migrants almost daily. These people often pay up to $10,000 to be driven across the border and put into tractor-trailers to go to San Antonio.
From there, they move to smaller vehicles for various parts of the United States, along with the cocaine and other drugs smugglers also bring will be moved along the country region.
Here, the surviving passengers could probably sue the trucking company for false imprisonment, since they had no reasonable means of escaping the trailer. Conditions often vary, so passengers might not receive food or water or have cell phones with them.
Gangsters working for the cartels will threaten them for speaking, and drivers making the journey are in fear of the cartels at home if they feel crossed. But this person could be your wife, father, brother, or a lot of classifications of human beings in the hot sun of July 2002. Even in the evening, the temperatures in a locked container could kill someone in less than a day.
The bottom line, people are being slaughtered as part of a human trafficking scheme, the likes of which have never before been seen. Money and power reign supreme and people at the highest level of government are immune, yet getting more powerful.
The Reason for the Tragedy
It’s likely that the truck had mechanical problems and was left next to the railroad tracks and auto scrapyards where it wouldn’t be noticed.
So the families may be able to sue the maintenance crew for negligent maintenance. But the repair garage may counter that they owed no duty as it was not foreseeable that over 50 migrants would be left to bake in the desert in a trailer as the drivers walked away, or tried to cross a river, etc.
Though it might be the worst tragedy so far, it’s not the only one. In 2017, 10 migrants died because they were trapped in a semitrailer parked at a Walmart in San Antonio. In 2003, 19 migrant bodies were found in an extremely hot truck near the city.
Why Use Trucks to Smuggle Migrants
Semi-trucks became the popular smuggling method in the 1990s when U.S. border enforcement became more popular in El Paso and San Diego.
Before the big rig, people paid fees to get across the unguarded border. However, crossing became more difficult after the terror attack in 2001, so migrants had to choose other, less safe methods and spend more money.
Migrants often want to experience the “land of the free” without waiting for permission. They don’t go through the right channels, using their lives as collateral to gain freedom.
For the traffickers, it’s like a shipping business, with the U.S. as an unwitting partner. As drug trafficking expands armed groups use the AK-47s, U.S.-made M16s, and even bootlegged Israeli-made Tavors. Some of these weapons can be picked up for as little as $500 in Colombia and even less in places like El Salvador. So we do see a connection between the influx of assault weapons and immigrants into the interior.
Are You a Victim of Negligence?
Negligence occurs when someone does something that hurts you. Typically, they know it’s wrong and do so anyway. This is similar to what happened here. The survivors expected the truck driver to care for them, but he was negligent because he left them to suffer and potentially die in the extreme heat.
Officials all agree that those who died can’t be brought back to life, but their families could seek a wrongful death claim in normal circumstances.
These men, women, and children could have lived if they had been given water, food, access to the outdoors, or even a ventilated stash house. What if the Target store chain encouraged illegals to sneak across the border and they died in the back of a truck.
Tom Girardi would have been all over that case. But as discussed, politicians are immune and the media is not fairly reporting this story.
We fear for these people who are not well educated, being used in such a way that 50 or more just died in a big rig truck accident. What next?
Ehline Law Firm is here to help. Survivors or family members of the deceased living in Los Angeles can request our service. We handle wrongful death and negligence cases and can make sure the at-fault party is held responsible for their actions.
We realize we can’t take back the pain of losing a loved one or make you fully well again. However, it’s possible to get monetary assistance and tell the world that you are fighting for those you care about. We may even have a representative available in your country to help, all the way to the Rio Grande.
Call us today at (833) LETS-SUE to see how we can help you fight for restitution.
Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer in the California State Bar Law Office Study Program, later receiving his J.D. from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements.
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