US President Donald Trump’s morally and constitutionally dubious response to the approaching Honduran migrant caravan has just elicited a serious response. Refugees and migrants seeking sanctuary at the US-Mexico border alleges that the US administration is violating the constitutional rights of Honduras migrants to seek asylum.
“The president said he will send about 15,000 armed troops, border patrol officers and ICE agents to the US-Mexico border to block asylum seekers from crossing. On Thursday, approximately 100 armed soldiers arrived at the border in Texas.
Mr Trump also said undocumented immigrants will be detained in “massive tent cities” until their deportation. He also said he will block asylum seekers from claiming asylum if they enter the US outside of its legal ports.
Some of these proposals already violate constitutional and international law. As of right now, American law states that people—regardless of they entered into the country—are allowed to claim asylum anywhere in the US. The proposal, which would likely be enacted as an executive action, violates international asylum law.
The lawsuit also argues the administration’s proposal to detain immigrants until their deportation violates the Fifth Amendment and the Flores Settlement. The Fifth Amendment grants the right to due process for all individuals, which declares “no person shall […]be deprived of life, liberty, or property, without due process of law.” The Flores Settlement, from the 1997 Supreme Court Case Flores v Reno, dictates how and for how long the US government can detain immigrant children. Under the settlement, US Customs and Border Patrol must release immigrant children within 72 hours, and either send them to a close relative or family friend, or transferred to Health and Human Services.
Nexus Services, an immigration services company, is financially backing the class-action lawsuit.
“The President is violating federal law, trampling the rights of Americans and legal immigrants to be free from use of the military for law enforcement, and has set up a potential catastrophe at the US/Mexico border all in the name of white nationalism and with the objective of scoring political points,” Nexus Services President said in a statement.“