Migrants sue Trump, govt; claim violation of constitutional rights (Nexus Services Inc. funds)

foxnews.com ^ | 11-2-18 | Edmund DeMarche, Amy Lieu , Fox News with Fox News' Gregg Re and AP

[Liz]

A dozen migrants from Honduras filed a class-action lawsuit Thursday against Pres Trump, DHS, and others, claiming a violation of their due process under the Fifth Amendment.....that "no person… shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law." A recent PBS report cited former Supreme Court Justice Antonin Scalia, who ruled in 1993 case that "it is well established that the Fifth Amendment entitles aliens to due process of law in a deportation proceeding."

Twelve Honduran nationals, including six children, are listed as plaintiffs in the lawsuit filed Thursday in the US District Court in Washington, D.C., said it is widely known that Guatemala, Honduras and El Salvador are “undergoing a well-documented human rights crisis.” The lawsuit also claims that the plaintiffs’ right to the Administrative Procedures Act and the Declaratory Judgement Act were being infringed upon.

The Central American migrant caravan now numbers approximately 4,000 people, down from a high of 7,200. The lawsuit points to Trump's claim that he will prevent the caravan from entering the U.S. It claims that the president cannot stop asylum-seekers by employing the military -- when they have a fair claim. The suit criticized the president's attempt at stoking "fear and hysteria," by claiming that criminals and gang members have joined the caravan. The suit cited a Trump interview with Fox News’ Laura Ingraham, where the president laid out plans to build tent cities to house migrants. The suit questioned the functionality of such a project, and asked if these living quarters would qualify under the Flores Agreement of 1997.

[Liz]

These violent savages have no respect for laws or for other people's safety and security. This is Me-First at its ugliest.

<><> News reports say Mexico’s Interior Department stated that two armed Hondurans ages 17 and 22 were arrested Monday;
one shot at Mexican police near the Hidalgo border crossing. The Glock failed to fire, and no agents were injured.

<><> Another reported Guatemala’s Interior Ministry said Guatemalan police officers were injured when the migrants
broke through border barriers on Guatemala’s side of the bridge. (hat tip NY POST) Guatemala’s Interior Ministry said Guatemalan police officers were injured when the migrants broke through border barriers on Guatemala’s side of the bridge. Mexico’s Interior Department said in a statement that two Hondurans ages 17 and 22 were arrested Monday when one of them tried to shoot at police in the town of Ignacio Zaragoza, near the Hidalgo border crossing. It said the Glock failed to fire, and no agents were injured.

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Pictured are Caravan marchers waiting patiently to get to America for a "new life." (sarc)

EVERY SENATE DEMOCRAT CO-SPONSORED FEINSTEIN'S BILL WHICH
BANS THE ARREST OF ILLEGAL IMMIGRANTS, "EVEN FOR SERIOUS CRIMES."

Democrat Sen Feinstein Promised That If Democrats Takeover at midterms, her "Border Separation Bill,"
W/ 46 Democratic And Two Independent Co-Sponsors, "Will Get Passed."

[Liz]

(hat tip seastay)

<><> PDJT, with cooperation from Mexico’s Nieto, has sprung a legal trap based on longstanding intl law.

<><> intl refugee law is the UN’s 1951 Refugee Convention, ratified by 145 UN member states including Mexico and US, administered by Geneva-based UNHCR.

<><> Article 27(1) established the concept of ‘country of first asylum’.

<><>It is the first country reached by a person seeking asylum status that meets two criteria: (a) that country has offered the person refugee status, and,
(b) that country also offers sufficient protection from the conditions causing the refugee to seek asylum.

<><> ergo, Mexico’s offer to provide caravan members with asylum, housing, schooling, and work means it IS the country of first asylum.

<><> also means automatic entitled to UN assistance from UNHCR (financial medical, tents or other housing, food-—none of which is directly on the US nickel).

<><> Refugees may also seek asylum in third countries, and the first country MAY allow this under Article 26(2)(a)
‘reassignment’ (especially if first country refugees prove burdensome), but ONLY IF the further move is safe from ‘refoulment’.

<><> ‘Refoulment’ is defined as a risk of a refugee being returned by third country to country of origin from which fled seeking asylum.

[Arthur Wildfire! March]

Time for the ‘squeaky toy gavel’ to come down.

“Racist motivation — cease and desist.”

[Beautiful_Gracious_Skies]

They can’t be allowed here, not on US soil.

Refoulment = After ‘fouling’ the invading country, they are returned to sender to foul their home country.

[Mouton]

My uncle used to have a favorite comment regarding problems. “If you have a problem get rid of the problem and then you have no problem.” So his way to handle this one is clear: vaporize them. I suggest moving all citizens back 50 miles from border just to be safe.

I am beyond done hearing about this crap. Build the wall and shoot anyone going over or under it. Any MOC disagreeing should be exiled. ENOUGH!

[fruser1]

The court has become a blog.

[ncalburt]

I see Fox lefty Greg Ree is peddling the usually Dem propaganda .

[qaz123]

Well, if they don’t testify on behalf of themselves then I guess it makes the case for their deportation even easier.

[virgil]

Hopefully, most Americans will vote on the side of the law on immigration. They know that without the law, there will not be peace and prosperity. Violence will only get worse. Democrats give the finger to the law when it suits them. Kangaroo courts are just fine when it suits them.

[Old Retired Army Guy]

They have to be stopped on the Mexican side of the border with or without the Mexican Govts. permission.

[Chode]

[SMARTY]

If they are citizens of some other country, how does OUR Constitution extend to THEM?

[Pollard]

Maybe we should sue all those countries for these crimes
http://www.illegalaliencrimereport.com/

[throwback]

He’s not stopping asylum seekers. They are setting up the tents now. They’ll get their due process and deportation once they get here. Requiring them to come through ports is reasonable. Ultimately having a conservative leaning supreme court is what will matter.

[ronnie raygun]

Now this is getting more comical than joy bayhars non funny comedy act

[alloysteel]

What rights? Persons who are alien to the United States (or any other country in this world, for the matter), have only the right to petition for entry, on whatever basis that is acceptable by the host country to whom they are appealing.

Asylum is a favor which may or may not be granted by the nation which is approached, and relies on a varied set of criteria which may not always be the same in every instance. Other reasons for entering the country targeted may include a personal admiration for the ideals expressed in that culture, or for economic advantage, or because the invitation was extended to attract a certain kind of immigrant, based on skills, or attained educational level, or a good reputation attained elsewhere.

But nowhere is there a right, constitutional or otherwise, to DEMAND to enter a country based only on the criteria “I want to come in and I want to do it regardless of your feelings on the matter.”

Should Christians demand to be allowed to enter Muslim-majority countries and establish church congregations? Would that demand be honored? The question, framed in that manner, reverses the positions taken by just about every other society or culture in the world.

[Carl Vehse]

The Demonicrats actively give aid and comfort to the enemy. Justice requires their trial, conviction, and sentencing to be hanged for treason.

[Gay State Conservative]

I'd absolutely love to see a SCOTUS ruling...or a Constitutional Amendment...which states that non-citizens are not entitled to all the Constitutional rights that are granted to citizens.

[Vlad The Inhaler]

It’s a bit premature to say the least.

They are not US citizens and are not on US soil.

They are in Mexico illegally and hundreds of miles from the US border.

They haven’t been wronged in any way by president Trump or the USA.

And they currently have no constitutional rights.