Migrants from the approaching caravan sued Trump for violating their constitutional rights
Dozens of migrants traveling on foot from Honduras to the United States to seek asylum, filed a lawsuit against President Trump, the Department of Homeland Security and others, alleging a violation of their due process in accordance with the Fifth Amendment.
The fifth amendment states that “no one shall be compelled to testify against himself in any criminal case and shall not be deprived of life, liberty, or property without due process of law”.
A recent PBS report mentions former Supreme Court judge Antonin Scalia, who in 1993, ruled that "it is well known that the Fifth Amendment gives foreigners the right to due process in the deportation process."
The twelve citizens of Honduras, including six children, are the representatives. The lawsuit, which was filed on Thursday in the US District Court in Washington, DC, states that it is widely known that Guatemala, Honduras and El Salvador "are undergoing a well-documented human rights crisis." The lawsuit refers to the right of the citizens in the Law on Administrative Procedures and the Legislation on Judicial Decisions.
The immigrant caravan currently numbers about 4000 people, compared to early 7 people 200.
The lawsuit cites Trump's assertions that he would not allow the caravan to cross the US border. He argues that the president cannot stop asylum seekers by hiring the military - when they have a just demand. The lawsuit criticized the president's alleged attempt to create "fear and hysteria" by saying criminals and gang members had joined the caravan.
In addition, the lawsuit refers to Trump's interview with Fox News, where the president planned to build tent cities to accommodate migrants. The lawsuit questioned the functionality of such a project and wondered whether these dwellings would be created in accordance with the Flores 1997 Agreement of the Year. The agreement protects the rights of asylum seekers and limits how long minors can be held.
Earlier this summer, a federal judge in California rejected a request by the administration for amending the Flores 1997 Agreement of the Year to allow a longer conclusion. Administration officials say they have the right to terminate the agreement, but this is likely to be only through the courts.
The asylum proposal of the Immigration and Nationality Act states that anyone who arrives in the United States can apply for asylum on the basis of a well-founded fear of persecution, and Trump’s decision must provoke immediate lawsuits in federal court.
“Federal law allows migrants to seek asylum in the United States. "President Trump and his administration have used 'increased enforcement' like separating families and extending detention to violate migrants' rights," said Mike Donovan, president of Nexus Services, in a release.
According to the lawsuit, there is another legal issue. The United States cannot send troops to Mexico to prevent a caravan from crossing borders. Even with the National Guard at the border, as soon as an immigrant indicates an intention to seek asylum, the Fifth Amendment of the US Constitution comes into force.
Next, immigrants who seek asylum should be sent to an interview where it is determined whether the immigrant has a confirmed fear of persecution. In the event of a positive response, there is a chance that the asylum seeker will receive it, according to the suit.
Recall that October Trump 30 announced his intention to sign an executive decree on the termination of citizenship by right of birth for children of non-citizens and illegal immigrants born in the United States.
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