Migrant caravan members sue Trump for violating their ‘constitutional rights’
Published time: 3 Nov, 2018 02:38
Edited time: 3 Nov, 2018 12:42
Twelve Honduran migrants are getting a head start on becoming US citizens by embracing that most American of pastimes: the lawsuit. They are suing the Trump administration for violating their Fifth Amendment due process rights.
The plaintiffs, including six children, are alleging that President Trump’s plans to block the 4,000-odd Central American migrants currently streaming northward toward the US-Mexico border are “shockingly unconstitutional.” They are also suing the Department of Justice and Department of Homeland Security.
The lawsuit points out that it is common knowledge that Honduras, Guatemala and El Salvador are “undergoing a well-documented human rights crisis” and that asylum-seekers are allowed to declare their intentions anywhere, not just at lawful border-crossing points. They claim Trump has no right to keep migrants from entering the US when they have a credible claim of asylum.
The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use.
"Due process of law" is for citizens.
To be eligible for asylum in the United States, there are a few basic requirements.
First, an asylum applicant must establish that he or she has a well-founded fear of persecution in his/her home country.
Secondly, the applicant must prove that the persecution is due to one of five protected grounds: race, religion, nationality, political opinion, and/or membership in a social group.
Third, an applicant must establish that the government is either involved in the persecution, or unable to control the conduct of private actors.
When interviewed most of the caravan people say 1) it is not political and 2) I want a job.
No standing. Wrong jurisdiction.
These assholes are not American nationals and they are not U.S. Citizens. What constitution are they referring to? This attempt should be laughed out of any court in the land even the corporate controlled Admiralty courts. They have no rights whatsoever under the corporate Constitution of the United States of America or the Constitution for the states united of America unincorporated.