Elder Patriot – Fox News has reported:
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.
Their attorneys are apparently relying on former Supreme Court Justice Antonin Scalia’s 1993 ruling that “it is well established that the Fifth Amendment entitles aliens to due process of law in a deportation proceeding.”
Twelve Honduran nationals, including six children, are listed as plaintiffs in the lawsuit. The suit, which was filed Thursday in the U.S. District Court in Washington, D.C., said it is widely known that Guatemala, Honduras and El Salvador are “undergoing a well-documented human rights crisis.” The lawsuit also claims that the plaintiffs’ right to the Administrative Procedures Act and the Declaratory Judgement Act were being infringed upon.
Uh, someone needs to tell the court this ain’t that.
If they are denied entry at the border, and never set foot on U.S. soil, Scalia’s writing on deportations has no bearing on this case.
Whatever a liberal judge in a lower court decides this challenge will not survive scrutiny by the Supreme Court on those grounds. Here’s why:
If this standard were broadly applied to border violators there would be no recourse against an invading army, whether they are armed or unarmed.
President Trump has moved to end this invasion while still recognizing our decades old tradition of offering safe haven to legitimate asylum-seekers.
The president announced a reasonable middle ground to this conundrum. His administration will require asylum-seekers to “lawfully present themselves” at a port of entry where U.S. officials are better equipped to properly process their claims.
The asylum clause of the Immigration and Nationality Act allows anyone who arrives to the U.S. may apply for asylum based on a well-founded fear of persecution.
These claimants haven’t met that standard.