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Migrants traveling to US sue Trump, government; claim violation of constitutional rights
Fox News ^ | 11/2/2018 | Edmund DeMarche, Amy Lieu

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 ...


TOPICS: Foreign Affairs; Government; Mexico
KEYWORDS: aliens; badcaselaw; citizenship; falsepremises; incompetentlaw; jurisdiction; notsubjectto; stakeholderlies; standing
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To: MEG33

Likely another Hawaiian judge will issue an injunction against Trump, which is only going to serve to cement the Red Wave that’s coming on Tuesday.


21 posted on 11/02/2018 5:35:24 AM PDT by Buckeye McFrog
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To: BradtotheBone

Hey, why not? According to the Dems, the whole world has a right to come to the US and get Welfare and Food Stamps, paid for by the US taxpayer.


22 posted on 11/02/2018 5:35:32 AM PDT by Opinionated Blowhard (When the people find that they can vote themselves money, that will herald the end of the republic.)
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To: BradtotheBone

Hmmm, if they are truly seeking asylum, wouldn’t the closest country where they are not in danger be the obvious place that asylum is sought? It’s pretty plain that their claims of seeking asylum are not valid since they have continued on their journey toward the goose that laid the golden egg instead of accepting Mexico’s generous offer of help!! That fact in itself should disqualify every single one of them for consideration for asylum. Period!!


23 posted on 11/02/2018 5:38:32 AM PDT by NellieMae (Here......common sense,common sense,common sense,where'd ya go... common sense......)
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To: BradtotheBone

"About time - bring it on! I've been bored with nothing to do since my travel ban decision against Trump got shredded!"


24 posted on 11/02/2018 5:40:00 AM PDT by COBOL2Java (Marxism: Trendy theory, wrong species)
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To: BradtotheBone

No they didn’t. democrats contacted lawyers and paid them to file suit.


25 posted on 11/02/2018 5:43:24 AM PDT by I want the USA back (The country is suffering from a hysterical obsession with race, skin color and national origin.)
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To: GOPe Means Bend Over Spell Run

In their complaint they are seeking Class standing for an entire continent to seek asylum. Can’t see how they have Standing in first place or how someone in Mexico can turn it down from Mexico and then seek it from another country.


26 posted on 11/02/2018 5:43:35 AM PDT by HapaxLegamenon
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To: BradtotheBone

So now people who are foreign aliens have Constitutional rights? Basically, the entire planet. The Democrats would probably agree.


27 posted on 11/02/2018 5:44:44 AM PDT by rbg81 (Truth is stranger than fiction)
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To: ml/nj

Yep, think it’s called one set of laws for me and mine and another set of laws for the lawyers, judges, the legislature, and all except me and mine. That’s why each has to put up their own defense. The lawyers, judges, legislators have their backs covered. Aka deep state


28 posted on 11/02/2018 5:46:31 AM PDT by no-to-illegals (..There is no difference between liberals/rinos/moslems/illegals/lamestream media ...)
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To: rbg81
So now people who are foreign aliens have Constitutional rights? Basically, the entire planet. The Democrats would probably agree.

Dems do agree, ever hear Occasional Cortex the NY socialist say this...I have.

29 posted on 11/02/2018 5:47:38 AM PDT by 1Old Pro
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To: Buckeye McFrog

“Likely another Hawaiian judge will issue an injunction against Trump, which is only going to serve to cement the Red Wave that’s coming on Tuesday.”


Especially if Trump were to go all Jacksonian on them and say, “Judge McTraitor has made his ruling, now let him enforce it,” and orders Jim Mattis to repel the invasion anyway.


30 posted on 11/02/2018 5:49:02 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt, The Weapons Shops of Isher)
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To: COBOL2Java

Our Dear Hawaiian Leader.


31 posted on 11/02/2018 5:51:33 AM PDT by Phillyred
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To: BradtotheBone

Lawyers — America’s #1 problem. They become judges and politicians.

Teachers — America’s #2 problem. They indoctrinate our children.

Women voters — America’s #3 problem. They emotion-vote.


32 posted on 11/02/2018 5:57:07 AM PDT by polymuser (ItÂ’s terrible to contemplate how few politicians are hanged today. - Chesterton)
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To: BradtotheBone

If the Constitution applies worldwide, we’ve got a lot of wars to declare.


33 posted on 11/02/2018 5:57:58 AM PDT by ConservaTexan (February 6, 1911)
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To: BradtotheBone

Are they going to impeach him if Trump doesn’t comply?


34 posted on 11/02/2018 5:58:10 AM PDT by Leep (?)
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To: gov_bean_ counter

“Gross misapplication of the law and intellectual dishonesty.”

But this is typical leftist maneuvering. The ultra left radicals, snowflakes, dumbed-down morons and useful idiots that make up the dem party will never know the difference.


35 posted on 11/02/2018 5:59:03 AM PDT by redfreedom
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To: BradtotheBone

The case was thrown out because no plaintiff was available within the USA for deposition


36 posted on 11/02/2018 6:00:43 AM PDT by bert ((KE. N.P. N.C. +12) Invade Honduras. Provide a military government)
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To: FlipWilson

“What is to stop some foreign government to sue to stop U.S. military action against it, or tariffs, or sanctions?”

Theoretically, a nation with a large population could take over the US in a few days or weeks. Just keep airdropping people, and sue the US if any are stopped. When enough arrive, have them vote to dissolve the United State government and annex with the host country.


37 posted on 11/02/2018 6:09:28 AM PDT by rightwingcrazy
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To: BradtotheBone

IIRC, 1940 census records...just said alien or citizen.


38 posted on 11/02/2018 6:15:02 AM PDT by Sacajaweau
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To: Buckeye McFrog

I don’t doubt some lib judge will do it!
Praying for a Red Wave! I have voted.


39 posted on 11/02/2018 6:16:49 AM PDT by MEG33 (Help Shorten FReepathons......DONATE MONTHLY)
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To: BradtotheBone

Sure looks like Attempted Human Smuggling on behalf of the scumbag lawyers that filed this. ARREST and CHARGE them.


40 posted on 11/02/2018 6:26:47 AM PDT by eyeamok
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