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Members of Migrant Caravan File Lawsuit Against President, American Government

A dozen migrants from the caravan traveling toward the United States have filed a lawsuit against President Trump and other government entities claiming their Constitutional rights are being infringed upon.

The group, which portends to represent all in the caravan as a class action, is claiming the U.S. government have violated their right to due process under the Fifth Amendment by denying attempts to seek asylum.

The plaintiffs “file this civil action against the Trump administration for violations of their procedural and substantive due process rights under the Fifth Amendment of the U.S. Constitution” the court filing reads.

The Fifth Amendment states that, “no person … shall be … deprived of life, liberty, or property, without due process of law.”

The lawsuit names President Trump, ICE and their former Acting Director, Thomas Homan, the Department of Homeland Security and Director Kirstjen Nielsen, amongst others.


Ironically, the migrant caravan made up of future illegals and Democrat voters, are pretending to be concerned with the rule of law. If that were the case, they’d seek asylum through proper channels of entry and not simply try to overrun the border.

“Trump’s professed and enacted policy towards thousands of caravanners seeking asylum in the United States is shockingly unconstitutional,” the complaint reads. “President Trump continues to abuse the law, including constitutional rights, to deter
Central Americans from exercising their lawful right to seek asylum in the United States.”

That, however, is a misstatement of fact, as President Trump, even within his social media statements, has said migrants attempting to enter America should do so legally.

Here is one such tweet in which the word “legally” was likely glossed over by the plaintiffs and their lawyers.


Do They Have a Case?

A 1993 Supreme Court case involving the separation of children of illegals from their families notes a ruling statement by the late Justice Antonin Scalia.

“It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings,” Scalia wrote.

This statement, however, is not applicable to this lawsuit. The 1993 case involved minors already detained within the United States. This caravan is still physically located in Mexico, and Mexican residents, legal or otherwise, are not beneficiaries of the United States Constitution.

Further, it still underscores the fact that these asylum seekers are not following the established laws when it comes to entering the country.

“It’s a law Congress passed,” DHS Secretary Nielsen famously explained to an ill-informed member of Congress. “So those people need to come to the ports if they want to seek asylum.”

It’s really that simple.

Why Is This Important?

If this doesn’t motivate the American voter to get out and cast their vote on Tuesday, nothing will.

First, filing the lawsuit is not simply an affront to the American President, it’s an affront to the American people and any immigrant who came to this country by actually following the law.

Second, a court filing like this lifts the veil behind the motivations of this caravan of migrants. It means they have some means of legal and financial backing, and generous backing at that. To take on the President and the U.S. government in a lawsuit is no minor undertaking.

This isn’t an organic group of refugees fleeing violence. It is a well-organized group seeking to defy the President, the law, and by extension you, the American people. Who is aiding these migrants? Who typically sides with illegals over citizens? You know the answer to that.

Republicans and President Trump meanwhile have fought for a better, safer America. If you want to keep that – if you want jobs, not mobs – then you need to vote on Tuesday.

Allowing Democrats and illegals to trample the Constitution and laws of the United States is not an acceptable option. Vote!

Read more at the Political Insider

Rusty Weiss

Rusty Weiss is a freelance journalist focusing on the conservative movement and its political agenda. He has been writing conservatively charged articles for several years in the upstate New York area, and his writings have appeared in the Daily Caller, American Thinker,, Big Government, the Times Union, and the Troy Record. He is also Editor of one of the top conservative blogs of 2012, the Mental Recession.

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