Friday, November 2, 2018

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

Via Iver "It's not deportation if we don't let you in in the first place."

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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."

More @ Fox

4 comments:

  1. I can't find any details about WHO filed this suit on the migrants' behalf. Curious. How did they contact these few people specifically? Who's paying the legal costs? And I'm sure whoever it is involved on both sides of the border hand picked these 12 migrants to be the most sympathetic with the biggest sob stories to increase their chances of getting a "win" in the courts. That way they can retroactively use this one case to provide blanket cover for the other 4,000+ people.

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    1. Really. I don't see how this work considering they aren't on our soil.

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  2. you have to be charged with a crime before the fifth comes into play. like ways, you have to have suffered damage BEFORE you can file a lawsuit(see Obamacare).
    this suit should be dismissed out of hand for lack of standing, and the lawyers filing the suit should be strongly admonished by whichever court they appear in front of.

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    1. this suit should be dismissed out of hand for lack of standing,

      Agree.

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