Mexican Invasion
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Title: Migrants traveling to US sue Trump, government; claim violation of constitutional rights
Source:
Fox News
URL Source: https://www.foxnews.com/politics/mi ... ation-of-constitutional-rights
Published: Nov 2, 2018
Author: Edmund DeMarche, Amy Lieu
Post Date: 2018-11-02 07:53:17 by IbJensen
Keywords: None
Views: 2544
Comments: 21
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 Judgment 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. 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.
Poster Comment: These people are not citizens of the US and are not in the US. They have no constitutional rights. The hell with them and keep them out of the US. That God we have Trump as President. This was just a ploy by Soros to garner votes from the Hispanics for the DNC. They don't give a rat's ass about those people.
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#3. To: IbJensen, Vicomte13 (#0)
This will be dismissed for lack of standing. They are aliens, not in the United States. Those stopped at a checkpoint and detained, are not considered to have entered the United States. Until they enter, they lack standing to sue in Federal court. Once in the United States, they would need to show a particularized injury. COMPLAINT at page 7: 6. This case arises under the Fifth Amendment to the United States Constitution, the Administrative Procedures Act (APA), and the Declaratory Judgment Act, inter alia. The court has subject matter jurisdiction under 28 U.S.C. § 1331. 7. Personal Jurisdiction is proper because Defendants transact business in this District and thus are subject to personal jurisdiction in this Court. It seems to be missing how the Plaintiffs, aliens outside the United States with no current address, have standing to bring an action in Federal court. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pineda v Trump, DCDC, 1-18-cv-02534 (1 Nov 2018) https://dockets.justia.com/docket/district-of-columbia/dcdce/1:2018cv02534/201373 DOCKET REPORT - - - - - - - - - -
They are aliens, not in the United States. This is exactly why we need a USSC ruling that dictates the only humans on this rock, that are afforded “constitutional rights”, ARE LEGAL AMERICANS. PERIOD. Everyone else should be guaranteed BASIC HUMAN RIGHTS only.
Everyone else should be guaranteed BASIC HUMAN RIGHTS only. That ain't never gonna happen, even by Amendment. Reciprocity would result in Americans overseas being stripped of legal rights. For the USSC, it would be impossible to ignore such clear words as, "No person shall be held to answer for a capital, or otherwise infamous crime, unless...." "No person" defies interpretation as "No citizen."
I honestly doubt that every founding forefather intended to give the same rights that they just died to form, to “persons” like the English... that just killed thousands of Americans, to keep us repressed. Why have American borders or laws at all, if every human on earth treated as an American.
Nobody ratified any intent. But the Framers were quite able to write what they meant, and they did know the difference between "all citizens" and "all persons," and where they wrote "all persons," that is what they meant. Regardless of what one may presume they meant, that is certainly what they wrote. The words control, not alleged intent. This is an argument from a false premise. Not every human is treated like an American. Not every human is born in the United States. In the U.S. Supreme Court case of Wong Kim Ark, the question squarely presented to the Court, by the brief of the U.S. Government, was: Brief on Behalf of the Appellant (U.S. Government) At page 1-2: [boldface addded] At page 39: [boldface added] Respectfully submitted. GEORGE D. COLLINS, Of Counsel for Appellant HOLMES CONRAD, Solicitor-General. Remember, that was the argument of the LOSING side. That birther argument has continued LOSING for over a century. It did not work before or against Wong Kim Ark at the Supreme Court, it did not work against Obama, and it will not work now.
When you craft a document FOR AMERICANS, it’s not unreasonable to think when you meant Americans, you refer to them as persons, as you craft that document, since all Americans are “persons”.
#13. To: GrandIsland (#12)
Of course, you just made this amazing discovery. As a NYC cop, you had many opportunities over two or three decades to arrest aliens, and you took care to inform them of their 5th Amendment rights. You did it over, and over and over again. Never once were you so silly as to testify in court that you do not read 5th Amendment rights to aliens because, by your interpretation of the 5th Amendment, "person" refers only to Americans.
Top • Page Up • Full Thread • Page Down • Bottom/Latest 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.
But, in extending constitutional protections beyond the citizenry, the Court has been at pains to point out that it was the alien's presence within its territorial jurisdiction that gave the Judiciary power to act. In the pioneer case of Yick Wo v. Hopkins, the Court said of the Fourteenth Amendment, "These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality; . . . ." (Italics supplied.) 118 U.S. 356, 369. And in The Japanese Immigrant Case, the Court held its processes available to "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here." 189 U.S. 86, 101.
JURISDICTION
#4. To: nolu chan (#3)
This will be dismissed for lack of standing.
#5. To: GrandIsland (#4)
This is exactly why we need a USSC ruling that dictates the only humans on this rock, that are afforded “constitutional rights”, ARE LEGAL AMERICANS. PERIOD.
#6. To: nolu chan (#5)
#7. To: GrandIsland (#6)
I honestly doubt that every founding forefather intended to give the same rights that they just died to form, to “persons” like the English... that just killed thousands of Americans, to keep us repressed.
Why have American borders or laws at all, if every human on earth treated as an American.
The Government, while conceding the fact of birth, denied the conclusion of citizenship in that respect, contending that as the respondent was born of alien parents, to wit, subjects of the Emperor of China, he was at his birth a subject of China, claimed by that nation to be such, and therefore was not when born "subject to the jurisdiction" of the United States within the meaning and intent of the Constitution.
To hold that Wong Kim Ark is a natural-born citizen within the ruling now quoted, is to ignore the fact that at his birth he became a subject of China by reason of the allegiance of his parents to the Chinese Emperor. That fact is not open to controversy, for the law of China demonstrares its existence. He was therefore born subject to a foreign power; and although born subject to the laws of the United States, in the sense of being entitled to and receiving protection while within the territorial limits of the nation — a right of all aliens — yet he was not born subject to the "political jurisdiction" thereof, and for that reason is not a citizen. The judgment and order appealed from should be reversed, and the respondent remanded to the custody of the collector,
#12. To: nolu chan (#7)
(Edited)
But the Framers were quite able to write what they meant, and they did know the difference between "all citizens" and "all persons,"
Replies to Comment # 12. When you craft a document FOR AMERICANS, it’s not unreasonable to think when you meant Americans, you refer to them as persons, as you craft that document, since all Americans are “persons”.
End Trace Mode for Comment # 12.
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