Current Events > Migrants traveling to US sue Trump, gov't; claim violation of constit. rights

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Migrants traveling to US sue Trump, government; claim violation of constitutional rights.

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.

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 alleged 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. The agreement protects asylum-seekers rights and limits how long minors can be held.

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Earlier this summer, a federal judge in California rejected a request by the administration to modify Flores to allow for longer family detention. Administration officials say they have the authority to terminate the agreement, but that is likely to be tested in court.

The White House, Department of Justice and the Department of Homeland Security -- which were all named as defendants -- did not immediately respond to Fox News' request for comment.

Trump announced in a lengthy speech at the White House on Thursday afternoon that in response to what he called the "crisis at our southern border" and a surge of fraudulent asylum claims in recent years, his administration will soon require asylum-seekers to "lawfully present themselves" at a port of entry.

Asylum claims made by migrants caught crossing the border illegally would seemingly be summarily denied under Trump's proposal.

The asylum clause of the Immigration and Nationality Act says that anyone who arrives to the U.S. may apply for asylum based on a well-founded fear of persecution, and Trump's decision was expected to prompt immediate federal court challenges.

Nexus Services Inc. is funding the lawsuits through a civil rights law firm called Nexus Derechos Humanos (Human Rights) Attorneys Inc.

"Federal law enables migrants to apply for asylum in the United States. President Trump and his administration have used increased enforcement, like separating families and lengthening detention to violate migrant rights," Mike Donovan, president of Nexus Services, said in the release.

There is another legal issue at stake, according to the lawsuit. The U.S. cannot send troops into Mexico to cut off the caravan from crossing the border, it said. Even with the National Guard at the border, once an immigrant indicates an intention to apply for asylum, the suit maintained the process has begun.

Immigrants who are seeking asylum must be referred for a credible fear interview, for which an asylum officer would determine if the immigrant has a credible fear of persecution, the lawsuit said. If the officer makes that determination, then there is a significant chance for the asylum-seeker to be granted asylum, according to the suit.

Fox News' Gregg Re and The Associated Press contributed to this report

https://www.foxnews.com/politics/migrants-traveling-to-us-sue-trump-government-claim-violation-of-constitutional-rights
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What are they seeking asylum from, again?

I still haven't heard a single person give me a legit answer on this.

foxnews

l o l
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Youngster_Joey_ posted...

What are they seeking asylum from, again?

I still haven't heard a single person give me a legit answer on this.

Having no money
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Caution999 posted...

https://www.foxnews

There it is.
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Youngster_Joey_ posted...

What are they seeking asylum from, again?

I still haven't heard a single person give me a legit answer on this.

Good question
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Youngster_Joey_ posted...

What are they seeking asylum from, again?

I still haven't heard a single person give me a legit answer on this.

Stuff like this, probably:
https://theintercept.com/2016/04/12/death-squads-are-back-in-honduras-honduran-activists-tell-congress/
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Antifar posted...

theintercept

l o l
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Antifar posted...

Youngster_Joey_ posted...

What are they seeking asylum from, again?

I still haven't heard a single person give me a legit answer on this.

Stuff like this, probably:
https://theintercept.com/2016/04/12/death-squads-are-back-in-honduras-honduran-activists-tell-congress/

thanks

True asylum seekers from Central America should be applying for asylum in Mexico. It's the closest safe country.
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spudger posted...

Youngster_Joey_ posted...

What are they seeking asylum from, again?

I still haven't heard a single person give me a legit answer on this.

Good question

Pretty weird how we can both acknowledge the stranglehold that cartel violence has on central America while simultaneously refusing to believe that anyone from central America is fleeing violence from cartels.
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spudger posted...

Youngster_Joey_ posted...

What are they seeking asylum from, again?

I still haven't heard a single person give me a legit answer on this.

Good question

https://www.bbc.com/news/world-latin-america-18954311?intlink_from_url=https://www.bbc.com/news/topics/cq23pdgvg7xt/ honduras&link_location=live-reporting-story (split the link cause it's too long, remove the space before honduras)

Gang violence, drug wars and extortion are commonplace and the country is notorious for having the world's highest murder rate per capita.

Inequalities in wealth remain high, with nearly half of the population living below the poverty line. Thousands of Hondurans leave to go to the US each year and the remittances they send home are a crucial source of income for many families.

Sounds like the answer, at least for Hondurans, is to keep themselves and their families alive.
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Mexico has already offered them asylum. Including jobs, schooling and welfare...

If there situation was so fucking dire, they wouldnt be traveling thousands of miles further to another country.
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If you want to help Hondurans for humanitarian reasons, you should help. That's not the job of the US government.
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good luck with that, but i sincerely doubt this goes anywhere
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migrants know more about the US laws and customs than the general US populace?
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yeah there's pretty much no interpretation of the constitution under which they don't have a right to due process
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tennisdude818 posted...

If you want to help Hondurans for humanitarian reasons, you should help. That's not the job of the US government.

Many people don't think that the US completely screwing up the Honduran government is justification for a free US asylum pass. And I kind of agree.

That being said, it was their fault that Honduras went from an awful place to an even more awful place to live. They did things that were both shady and morally inept, and it cost thousands of Hondurans their safety, their piece of mind and their incomes. Maybe in this specific case, it is the US government's job.
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0TiamaT0 posted...

Mexico has already offered them asylum. Including jobs, schooling and welfare...

If there situation was so fucking dire, they wouldnt be traveling thousands of miles further to another country.

Perhaps they already have family in the US they are trying to reunite with? Perhaps they're fleeing very specific violence and they don't think Mexico will be good enough, or far enough, to protect them. Its within their rights as asylum seekers to try to get the the US instead of Mexico, so they don't really have to justify it to you or me, but there are valid reasons for not wanting to take an offer from Mexico.

tennisdude818 posted...

If you want to help Hondurans for humanitarian reasons, you should help. That's not the job of the US government.

There's way more to discuss here than I currently have time for, but the TL;DR is that the US government (and the US people, as voters) tend to disagree, and thus support foreign aid.
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Drowning__Fish_ posted...

tennisdude818 posted...

If you want to help Hondurans for humanitarian reasons, you should help. That's not the job of the US government.

Many people don't think that the US completely screwing up the Honduran government is justification for a free US asylum pass. And I kind of agree.

That being said, it was their fault that Honduras went from an awful place to an even more awful place to live. They did things that were both shady and morally inept, and it cost thousands of Hondurans their safety, their piece of mind and their incomes. Maybe in this specific case, it is the US government's job.

fuckin hildawg man
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alt_no_1_loves posted...

spudger posted...

Youngster_Joey_ posted...

What are they seeking asylum from, again?

I still haven't heard a single person give me a legit answer on this.

Good question

https://www.bbc.com/news/world-latin-america-18954311?intlink_from_url=https://www.bbc.com/news/topics/cq23pdgvg7xt/ honduras&link_location=live-reporting-story (split the link cause it's too long, remove the space before honduras)

Gang violence, drug wars and extortion are commonplace and the country is notorious for having the world's highest murder rate per capita.

Inequalities in wealth remain high, with nearly half of the population living below the poverty line. Thousands of Hondurans leave to go to the US each year and the remittances they send home are a crucial source of income for many families.

Sounds like the answer, at least for Hondurans, is to keep themselves and their families alive.

Makes sense

Still doesnt mean we can just take all those ppl
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spudger posted...

Still doesnt mean we can just take all those ppl

We're talking about like 5,000 people. We're a big fucking country where most of the land goes to livestock.
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"We can't take any more people" has always been a shit argument when you remember that like 80% of the country is taken up by fucking corn and trees
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Drowning__Fish_ posted...

tennisdude818 posted...

If you want to help Hondurans for humanitarian reasons, you should help. That's not the job of the US government.

Many people don't think that the US completely screwing up the Honduran government is justification for a free US asylum pass. And I kind of agree.

That being said, it was their fault that Honduras went from an awful place to an even more awful place to live. They did things that were both shady and morally inept, and it cost thousands of Hondurans their safety, their piece of mind and their incomes. Maybe in this specific case, it is the US government's job.

The US government has done all sorts of terrible stuff around the world. They are still doing it. I'd love to see us adopt Ron Paul's foreign policy, but I'm not holding my breath. But how many Libyans, Iraqis, and Syrians would we need to let in to make up for our government's bad actions in those countries? There is no endgame to something like that.
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Are they marching AND filing suit at the same time? Multitalented...
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Antifar posted...

spudger posted...

Still doesnt mean we can just take all those ppl

We're talking about like 5,000 people. We're a big fucking country where most of the land goes to livestock.

Doom_Art posted...

"We can't take any more people" has always been a shit argument when you remember that like 80% of the country is taken up by fucking corn

So you guys are admitting "over population" is a myth?
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spudger posted...

alt_no_1_loves posted...

spudger posted...

Youngster_Joey_ posted...

What are they seeking asylum from, again?

I still haven't heard a single person give me a legit answer on this.

Good question

https://www.bbc.com/news/world-latin-america-18954311?intlink_from_url=https://www.bbc.com/news/topics/cq23pdgvg7xt/ honduras&link_location=live-reporting-story (split the link cause it's too long, remove the space before honduras)

Gang violence, drug wars and extortion are commonplace and the country is notorious for having the world's highest murder rate per capita.

Inequalities in wealth remain high, with nearly half of the population living below the poverty line. Thousands of Hondurans leave to go to the US each year and the remittances they send home are a crucial source of income for many families.

Sounds like the answer, at least for Hondurans, is to keep themselves and their families alive.

Makes sense

Still doesnt mean we can just take all those ppl

Why can't we?
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tennisdude818 posted...

But how many Libyans, Iraqis, and Syrians would we need to let in to make up for our bad actions in those countries? There is no endgame to something like that.

I mean, we currently let in fewer immigrants than we did in 1907 (Ellis Island days) just in raw numbers. If we were letting in people at a proportional rate, we'd be taking in at least 5 million people a year -- exactly as many refugees that have left Syria during the entire conflict...
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Caution999 posted...

So you guys are admitting "over population" is a myth?

Overpopulation is a huge fucking myth, and especially so if we're just talking about the United States.
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Antifar posted...

Caution999 posted...

So you guys are admitting "over population" is a myth?

Overpopulation is a huge fucking myth, and especially so if we're just talking about the United States.

Well glad we agree :o
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Caution999 posted...

So you guys are admitting "over population" is a myth?

It is when you're talking about the US, not in some other nations around the world where it is a serious concern
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Antifar posted...

Caution999 posted...

So you guys are admitting "over population" is a myth?

Overpopulation is a huge fucking myth, and especially so if we're just talking about the United States.

But...that song...10 in 2010...
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HBOSS posted...

migrants know more about the US laws and customs than the general US populace?

Yup. Generally anyone immigranting to the US will have more knowledge about that than US citizens. We simply don't do a good job teaching citizens this stuff.
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Balrog0 posted...

tennisdude818 posted...

But how many Libyans, Iraqis, and Syrians would we need to let in to make up for our bad actions in those countries? There is no endgame to something like that.

I mean, we currently let in fewer immigrants than we did in 1907 (Ellis Island days) just in raw numbers. If we were letting in people at a proportional rate, we'd be taking in at least 5 million people a year -- exactly as many refugees that have left Syria during the entire conflict...

Immigration waves used to have pauses. Now it's more of a constant stream from the 3rd world. The existence of a welfare state and other government services also alters the self selection of immigrants when compared to the relatively free market that we used to have.
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Antifar posted...

Youngster_Joey_ posted...

What are they seeking asylum from, again?

I still haven't heard a single person give me a legit answer on this.

Stuff like this, probably:
https://theintercept.com/2016/04/12/death-squads-are-back-in-honduras-honduran-activists-tell-congress/

Why don't they take up Mexico's offer of asylum then?
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Doom_Art posted...

"We can't take any more people" has always been a shit argument when you remember that like 80% of the country is taken up by fucking corn and trees

So what's the game plan? Send them out with building supplies to build a home? Give them weapons to hunt off the land?

I have a feeling it involves my money.

It's not like Dems would enforce where they went anyway
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Houston posted...

I have a feeling it involves my money.

Probably less money than paying thousands of troops to man the border
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tennisdude818 posted...

Balrog0 posted...

tennisdude818 posted...

But how many Libyans, Iraqis, and Syrians would we need to let in to make up for our bad actions in those countries? There is no endgame to something like that.

I mean, we currently let in fewer immigrants than we did in 1907 (Ellis Island days) just in raw numbers. If we were letting in people at a proportional rate, we'd be taking in at least 5 million people a year -- exactly as many refugees that have left Syria during the entire conflict...

Immigration waves used to have pauses. Now it's more of a constant stream from the 3rd world. The existence of a welfare state and other government services also alters the self selection of immigrants when compared to the relatively free market that we used to have.

Is it a constant stream because we've dramatically reduced their numbers and the refugees from previous years just roll over onto the next? Do we have a refugee defecit?
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A_Good_Boy posted...

tennisdude818 posted...

Balrog0 posted...

tennisdude818 posted...

But how many Libyans, Iraqis, and Syrians would we need to let in to make up for our bad actions in those countries? There is no endgame to something like that.

I mean, we currently let in fewer immigrants than we did in 1907 (Ellis Island days) just in raw numbers. If we were letting in people at a proportional rate, we'd be taking in at least 5 million people a year -- exactly as many refugees that have left Syria during the entire conflict...

Immigration waves used to have pauses. Now it's more of a constant stream from the 3rd world. The existence of a welfare state and other government services also alters the self selection of immigrants when compared to the relatively free market that we used to have.

Is it a constant stream because we've dramatically reduced their numbers and the refugees from previous years just roll over onto the next? Do we have a refugee defecit?

Republicans sure love their deficits.
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Caution999 posted...

Antifar posted...

spudger posted...

Still doesnt mean we can just take all those ppl

We're talking about like 5,000 people. We're a big fucking country where most of the land goes to livestock.

Doom_Art posted...

"We can't take any more people" has always been a shit argument when you remember that like 80% of the country is taken up by fucking corn

So you guys are admitting "over population" is a myth?

The thing is, these people aren't going to go live in the country in the middle of nowhere. They're going to live in a big city, where over population is alive and well.
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Antifar posted...

Houston posted...

I have a feeling it involves my money.

Probably less money than paying thousands of troops to man the border

That's fine. Money very well spent.
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SuperShake666 posted...

Caution999 posted...

https://www.foxnews

There it is.

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Houston posted...

I have a feeling it involves my money.

Lmao at pretending like you're employed
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A_Good_Boy posted...

tennisdude818 posted...

Balrog0 posted...

tennisdude818 posted...

But how many Libyans, Iraqis, and Syrians would we need to let in to make up for our bad actions in those countries? There is no endgame to something like that.

I mean, we currently let in fewer immigrants than we did in 1907 (Ellis Island days) just in raw numbers. If we were letting in people at a proportional rate, we'd be taking in at least 5 million people a year -- exactly as many refugees that have left Syria during the entire conflict...

Immigration waves used to have pauses. Now it's more of a constant stream from the 3rd world. The existence of a welfare state and other government services also alters the self selection of immigrants when compared to the relatively free market that we used to have.

Is it a constant stream because we've dramatically reduced their numbers and the refugees from previous years just roll over onto the next? Do we have a refugee defecit?

My post was not only referring to refugees.
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The Great Muta 22 posted...

Houston posted...

I have a feeling it involves my money.

Lmao at pretending like you're employed

Says the person with 5x more active posts than me.
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Houston posted...

The Great Muta 22 posted...

Houston posted...

I have a feeling it involves my money.

Lmao at pretending like you're employed

Says the person with 5x more active posts than me.

I don't need to look at your post count to make an assumption about you based on your history here.
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