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Migrants, Those Without Constitutional Rights, Sue Over Their Constitutional Rights

This is showing a remarkable lack of knowledge about how the world works – the migrants in that caravan wending its way through Mexico are suing the Trump Administration over their constitutional rights. The thing being that if you’re outside the US and aren’t a US citizen then you actually have remarkably few constitutional rights. That being the way with constitutions, they apply to the place and people of the sovereign land, not the world.

Of course, it’s more accurate to state that a few likely looking public agitators – hell why not be rude and call them what they are, lawyers – are floating a Hail Mary legal dodgem just in advance of the elections. Rather than, you know, the people walking across Mexico having anything at all to do with this.

Six Honduran migrants are suing President Donald Trump and parts of his administration over policies the president has enacted and said he is going to enact on the U.S. border with Mexico.

The class action lawsuit was filed in federal court Thursday on behalf of the migrants and their children, who are en route to the U.S. on foot as part of a larger caravan Trump has vowed to stop or detain at the border. The suit asks the court to declare Trump’s policies unconstitutional.

Even the thought that non-citizens not-in-the-country have the standing to even bring a case is odd. And the idea that they’ve got rights which the Constitution protects is near as weird. Just as a little detail if you’re in front of the border, not across it, you don’t even have the right to counsel when trying to challenge any decisions by the IRS.

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.”

Being in the country and being removed from it – yes, certain at least of the constitutional rights then apply. Being a citizen of the US anywhere also means certain rights apply – although Obama was famously certain that the right not to be extrajudicially killed wasn’t one of them as long as you were a bad guy.

But being not a citizen and also not in the country means that none of the rights do apply. There’s no standing and no jurisdiction so how could they?

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Rhoda Klapp
Rhoda Klapp
5 years ago

Pardon me for inquiring, but is anything about the caravan about to change anyone’s vote? This is already a polarised issue and while it might nto change a vote I reckon it will get out the GOP vote rather more than the other lot. Democrats seem to me to have no idea how to appeal to the centre, only their own adherents. Or am I mistaken?

5 years ago

Hey, I’m not an American, and I don’t live in America. I demand my constitutional right that the Church of England be disestablished and that our form of government be a republic.

5 years ago

Looks like some lawyers have found a way to scam a load of money from well meaning lefties as either some ‘charity’ or some crowd funding is paying for this

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