Well, we know political correctness says that the American defending his land is in the wrong. Somebody sneaking into this country, and the criminal element that smuggles people, apparently have more rights than land owning law abiding citizens.
U.S. Constitution, Article III, section 2, cl.1: "The judicial Power shall extend to all Cases, in Law and Equity...between a State, or the Citizens thereof, and foreign States, Citizens or Subjects."
Obviously they’re not suing, MALDEF is suing on their behalf. And I suspect that Peter Schey is somehow involved in this. MALDEF can brings millions of dollars worth of resources to this lawsuit to ruin the guy. And they will. For a real eye opener, look at how much government funding MALDEF receives.