Posted on 11/02/2018 5:05:16 AM PDT by BradtotheBone
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 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. The suit, which was filed Thursday in the U.S. 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.
(Excerpt) Read more at foxnews.com ...
Shouldn’t this be posted under “Humor” or “Satire?”
Avavatti, is that you?
The first doesn't start out being a felon. The second does.
The hilarity of this story is only subdued by it’s insanity.
In Yo Face, America! In you face.
They’re not even in the United States yet. This lawsuit should get tossed at preliminary hearing due to a lack of standing.
The first two words that came to mind.
NO STANDING
And here I thought that a deportation process was different from a claim of asylum. I always was taught that your rights as a citizen didn’t kick in until you had passed through border (customs) control.
Gross misapplication of the law and intellectual dishonesty.
Let me get this straight. These amigos aren’t even in the country yet?
My word!!! If this lawsuit is allowed to proceed, and some crazy judge will allow it to, what is the limit? What is to stop some foreign government to sue to stop U.S. military action against it, or tariffs, or sanctions? All they would have to do is have their citizens sue for a violation of their constitutional rights.
The irony here is that to left, the migrants have more rights than us deplorables or even a guy like, say, Brett Kavanaugh.
we need a constitutional amendment that states that foreign nationals shall have no access to U.S. civil courts excepting disputes involving foreign nationals who are a direct party to a U.S. civil contract.
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, reflects the positions taken by just about every other society or culture in the world.
The fast answer is always “No”, or maybe even “Oh, HELL, NO!”
A dozen migrants traveling by foot from Honduras to the U.S. to seek asylum filed a class-action lawsuit
A couple of left-wing lawyers hoping to cash in on the misery of others filed a class-action lawsuit
They aren’t even here yet???
LOL!
This is just a wet dream for lawyers. They can begin trolling through any third world country looking for clients, and suing not only on their client's behalf, but for their own expenses and legal fees too of course. Well, maybe they'll send their paralegals to the third world s*** holes while they stay here safe and comfortable. But their income would be limited only by the number of courts they could simultaneously file in and the case throughput of those courts.
ML/NJ
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