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The one silver lining the migrant caravan headed north to the U.S. border through Mexico has is the illumination of some glaring holes in American immigration law. Catch and release, the practice where those seeking asylum are caught, and given a court date, but released into the country without any assurance that the date will be kept by the alien is one that has been exposed.
Now, we are seeing that there is a precedent for illegal aliens to have due process in the United States – without being citizens – under the Fifth Amendment if they are claiming asylum when they reach the border. A class action lawsuit has been filed on behalf of a handful of people in the “caravan” of migrant invaders headed our way, and might well provide the case to strengthen the parameters for asylum.
The lawsuit was filed by twelve Honduran nationals, including six children, in D.C.’s U.S. District Court, by Nexus Services Inc., which is funding it through civil rights law firm Nexus Derechos Humanos Attorneys Inc. The suit maintains that since the migrants are coming from three countries — Guatemala, Honduras and El Salvador — suffering human rights crises, some migrants have grounds for admission as asylum-seekers. By turning them away without fully hearing their asylum claims, they contend, the president and his administration are infringing upon their rights under the Administrative Procedures Act and the Declaratory Judgement Act.
The what? Well…
Though the Constitution obviously applies to those legally living in the U.S., legal precedent, including that confirmed by Antonin Scalia back in 1993, has applied due process to aliens in deportation proceedings. The Immigration and Nationality Act specifies that migrants can apply as asylum-seekers if they come from situations involving well-founded claims of persecution.
Those claims have yet to be substantiated in the case of most of the migrants. Many who have been interviewed by alternative news sources have already been deported more than once, and are still going to challenge the border.
In the meantime, this is a fairly obvious attempt to subvert Trump’s plans to put the U.S. Military on the border to stop the hoard from getting into the country. It is doubtful that it will work, especially now that there are five originalists on the Supreme Court. Any appeals to Trump’s efforts to protect the nation will most likely be DOA when landing in front of them.