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As we’ve discussed multiple;e times, there are numerous illegal immigrant caravans marching north. As of yesterday, another new one has left El Salvador for the U.S. Well, now there’s a new twist to this mess. A group of Hondurans banded together with a bunch of attorneys and is SUING the United States because the U.S. has been violating THEIR Constitutional Rights. Yes folks, you read that correctly.
BREAKING: Group of migrants travelling on foot from Honduras file federal lawsuit against Pres Trump and others. "Trump’s professed and enacted policy towards thousands of caravanners seeking asylum in the United States is shockingly unconstitutional." https://t.co/m79NT1Xci7
— Shannon Bream (@ShannonBream) November 2, 2018
The lawsuit claims a few things:
1) That Trump and other officials saying they won't let the caravan in means they're going to deny people the right to seek asylum
2) That the admin has a policy of mandatory detention for asylum seekers w/out a chance to challenge designation— Zoe Tillman (@ZoeTillman) November 2, 2018
Essentially a bunch of Hondurans are claiming that they are already U.S. citizens by this lawsuit.
A dozen migrants traveling by foot from Honduras to the U.S. to seek asylum filed a class-action lawsuit Thursday against President Trump, the Department of Homeland Security and others, claiming a violation of their due process under the Fifth Amendment.
The Fifth Amendment states that, “no person..shall be completed in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.”
If one is a real genuine United States citizen, then yes, the 5th Amendment does apply. The problem is, NONE of the people traipsing through Mexico right now are U.S. citizens!
Since the migrants have a case as asylum-seekers, the site contends, Trump’s vow to effectively turn them away at the border is a violation of their due process rights under the Constitution. The suit also works in an accusation about Trump ginning up “fear and hysteria” about the caravan by stating that sone bad people are in the group.
Well yes, there are some bad people in the group. We already have one guy live and on camera stating that he was a murderer who was absolutely 100% positive that he’d be pardoned as soon as he steps foot on U.S. soil! Then there are the others who have thrown rocks and bottles and have torn down fences and gates. Nice innocent law-abiding folks right? Uh huh…
They have a U.S. lawyer with them?
Wow, they packed well… https://t.co/yT9sXT5tVS— Michelle Ray (@GaltsGirl) November 2, 2018
Who are these attorneys who have filed the lawsuit?
The lawsuits are being funded by Nexus Services Inc. through a civil rights law firm called Nexus Derechos Humanos (Human Rights) Attorneys Inc., Fox notes.
Oh. Well gee. I wonder who is paying THEM to take on this case and further muddy the waters? You know darned well they are going to use Justice Scalia’s 1993 ruling on Reno v Flores.
“it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.”
Here’s the problem with that. Key word is DEPORTATION. Yep, that’s correct. He ruled on a case that involved deporting someone who is ALREADY here in this country illegally!
President Trump spoke about the immigration and border issues on Thursday.
It was after that that the class-action lawsuit appeared in federal court. Timing is everything isn’t it?
Photo Credit: Orlando Estrada/AFP/Getty Images
Again, these people are traveling to the United States. They are fleeing poverty and crime. There are bad actors in the group and their motivations are suspect. But are the illegal immigrants in the caravan really truly eligible for asylum as it fits the criteria? That has to be determined and we cannot and should not just take their word for it. This tweet thread is a good place to start understanding the issues of asylum, refugee status and the policies already in place. Malor notes that fleeing gang crime or other crimes such as domestic abuse do not, nor have they ever fit the asylum category. As his thread shows, this is a complex subject.
That said, a lawsuit like this won’t solve the issues. Whether it succeeds or not, and it shouldn’t, it won’t fix the immigration issues and it certainly won’t stop others from trying to game the system and gain political points.
Welcome Instapundit Readers!
Feature Photo Credit: Orlando Estrada/AFP/Getty Images
GWB says: A group of Hondurans banded together with a bunch of attorneys and is SUING the United States because the U.S. has been violating THEIR Constitutional Rights.
*smfh* That’s not how this works. It’s not how ANY of this works……………
GWB says: (Hit Post too soon)
Actually, every single person named in the suit as a plaintiff should now be barred from EVER entering the US, even on a legitimate tourist visa. Period.
Callie says: They have already been offered asylum — by Mexico. They were offered jobs, shelter, medical care, and asylum by the Mexican government if they would stay in southern Mexico. But that was not good enough for them. No, they want all the freebies available to them in the United States. Their ultimate goal is to be given citizenship in the United States for themselves and every family member that they can get here via chain migration. They do not want to assimilate into this country; they want to stay in their own enclaves, maintain their own culture, and never ever be required to learn English. And that is also the goal of the Democrats — all those lovely new voters who will give the Democrats power and help them keep it. Then when those voters wise up and start voting for Republicans, then it will be time for a new crop of “peaceful migrants” to show up and demand to be given asylum.
J. S. Bridges says: Simply-speaking…that “lawsuit” will go NOwhere – even if it manages to stagger-through a preliminary hearing somewhere (dunno exactly where it was allegedly-filed…), even if there’s some sort of lower-level decision handed-down, once it gets to the Supreme Court-level, it will get bounced – Why? Because none of those people have any sort of legal standing to file any sort of suit alleging “Violation Of Constitutional Rights”, as none of them HAVE any such “rights”. They are not U.S. Citizens, they are not even Resident (Legal) Aliens, and they are not even IN the U.S. at this point. Therefore – they have no legal standing, which is a requirement in order to file such a suit – you can’t legally claim violation of rights under the U.S. Constitution, unless you actually are a U.S. Citizen or at least are LEGALLY a resident within the U.S.
The don’t qualify – so, they have no legal standing, either individually OR as a “class”, to legally bring such a suit.
End of the game…
craig says: I was just going to say this. But I will add, since none of the parties in the caravan yet have suffered any harm, nor have they ever been in any way “subject to the jurisdiction of the United States”, the judge should declare them vexatious litigants and dismiss the suit with prejudice, forbidding them from bringing it again later.
GWB says: Sadly, the courts have said that even if you are in the US illegally, you have the rights protected by the Constitution.
But you still have to be here.
bflat879 says: I have a plan. We round up the illegals, conscript them into a revolutionary army, train them to fight, give them weapons, train some leaders to run the country, send them back to fight the corrupt governments in place. First, that would serve 2 purposes, first they would have a country they want, secondly, it would stop them from sending people to invade us, for fear we might do this again.
My thought has always been we’ve been a relief valve for corrupt governments by taking their dissidents. If we trained them and sent them back, that would stop.
GWB says: *Somebody* has been listening to my ideas. 😉
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