Charity Group Backs Private Company in Immigrant Smuggling Case

Its brief calls it “disturbing” that the 4th Court of Appeals likened the “invasion of private agricultural land in South Texas by undocumented aliens and smugglers of aliens and drugs, who are often dangerous, to Depression-era trespassing on trains.”

A Catholic philanthropic organization has thrown its support behind a mining company and its employee who are being sued after three undocumented immigrants were killed during an incursion onto private property in Brooks County.

The Texas-based John G. and Marie Stella Kenedy Memorial Foundation, which primarily funds social justice and religious causes, has filed an amicus brief in support of Philip Boerjan and Mestena Uranium, the defendants in a suit lodged after a 2007 car accident that left three undocumented immigrants dead, including a 7-year-old girl. The February filing is the most recent action in the case, which is still pending before the Texas Supreme Court.

The accident occurred when a smuggler trying to evade a U.S. Border Patrol checkpoint near Falfurrias transported a group of undocumented immigrants across private property where the Mestena mining company operated. Boerjan, a security guard, spotted the smuggler, Jose Francisco Maciel, who fled in his vehicle. Boerjan followed him, and the pursuit resulted in an accident that killed Angelina Rodriguez Negrete, her husband and her daughter. The victims’ families sued, accusing Boerjan and the company of gross negligence that led to the deaths.


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