Thread: Migrant Caravan Members File Class Action Lawsuit Against President Trump

Migrants from Honduras in one of several caravans marching through Central America and Mexico have filed a class action lawsuit against President Trump and his administration to stop him from securing the border...😂



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Migrant Caravan Members File Class Action Lawsuit Against President Trump

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Migrant Caravan Members File Class Action Lawsuit Against President Trump

by Kristinn Taylor November 2, 2018 89 Comments 97Share

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Migrants from Honduras in one of several caravans marching through Central America and Mexico have filed a class action lawsuit against President Trump and his administration to stop him from securing the border against the thousands of migrants heading to the U.S.

The lawsuit was filed Thursday in the U.S. District Court for the District of Columbia on behalf of the migrants by Nexus Services whose Libre by Nexus company charges migrants a reported $420 a month to wear the company’s ankle bracelet while out on immigration bond. Libre by Nexus is reported to be under investigation by state and federal authorities and is “accused of preying on detained undocumented immigrants”.
The suit is a preemptive move based on President Trump’s recent statements securing the border. The suit seeks to prevent the Trump administration from barring the migrants in the caravan from entering the U.S., from housing them in tents or detention centers without bail and to enforce the Flores agreement with regard to the alleged children of the migrants.

Excerpts from the suit:

Plaintiffs: Maria Doris Pineda, no current address; Maria Doris Pineda, on behalf of her minor child D.R. no current address; Jasmine Ortega Sanchez, no current address; Jasmine Ortega Sanchez, on behalf of her minor child M.O.R. no current address; Francisco Javier Castillos, no current address, Holivia Adeline Castillos, no current address; Francisco Javier Castillos, on behalf of his minor child F.J.C. no current address; Holivia Adeline Castillos, on behalf of her minor child F.J.C. no current address; Dina Ruc, no current address; Dina Ruc, on behalf of her minor child J.S. no current address; Marta Lopez, no current address; Marta Lopez, on behalf of her minor child L.D.L. no current address;…
NOW COMES Plaintiffs Maria Doris Pineda, Jasmine Ortega Sanchez, Francisco Javier Castillos, Holivia Adeline Castillos, Dina Ruc, and Marta Lopez, and 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, violation of the APA, and for class relief pursuant to Rule 23, Fed. R. Civ. P. In support thereof, Plaintiffs state that:
Trump’s professed and enacted policy towards thousands of caravanners seeking asylum in the United States is shockingly unconstitutional. 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, and the fact that innocent children are involved matters none to President Trump…
…On top of the above, Trump has repeatedly professed that the caravan people will not get into this county, and just as significant, Trump has taken meaningful steps to ensure the world that this is his policy position/initiative, meaningful steps such as deploying thousands of active military troops to the border, waiting on caravan persons to arrive. The legal problem with Trump’s plan to stop caravan persons from entering this country is that Plaintiffs are seeking asylum, and Trump simply cannot stop them from legally doing so by using military, or anyone.
This Court should also note that President Trump has begun hysterically asserting without any evidence that “many criminals” and “many gang members” are in this “onslaught” of migration. In an effort to create fear and hysteria, Trump has gone so far as to call this “an invasion of our Country.” Despite these statements and actions, Trump has been unable to produce any evidence of criminals and gang members within the caravan, which has largely proceeded peacefully on its journey. Plaintiffs now request that this Court declare Trump’s policy positions/initiatives outlined in this Complaint unconstitutional, to end this case and controversy…
…Plaintiff Maria Doris Pineda is a citizen of Honduras travelling by foot to the United States to seek asylum. She is the mother of “D.R.”…
…Plaintiffs seek to represent the following class: All persons (1) who are Mexican, Central American, or South American citizens (2) who are travelling to the United States or have attempted entry into the United States, whether at a designated port of entry or not, since October 31, 2018, and (3) who are seeking asylum or intending to seek asylum within the United States…
Plaintiffs request that the Court enter a judgment against Defendants and award the following relief:
A. Enter judgment and declaratory judgment in favor of Plaintiffs;
B. Declare all acts argued as unconstitutional within this Complaint as
unconstitutional;
C. Declare all acts argued as violative of the APA as violative of the
APA;
D. Award costs and attorneys’ fees to Plaintiffs; and
E. Order all other relief that is just and proper.”

Nexus Services will hold a press conference in Los Angeles on Friday at 11 a.m. PDT.

Excerpts from the press release:

Caravan Asylum Seekers File Lawsuit against President Trump, the Department of Homeland Security, and White-Supremacist Militias Who Threaten Carnage on the US-Mexico Border
Nexus Services, Inc. is funding these lawsuits to protect individuals and families from President Donald Trump and the administration’s xenophobic behavior, defending rights of those seeking liberty, justice and pursuit of happiness
…As thousands flee drug-fueled gang violence, misery and poverty in Central America, President Trump is waging war on the immigrant population and their constitutional right to seek asylum. Sending soldiers to border, Trump continues his campaign to militarize the border and brutalize immigrant families to score political points and enflame racist tendencies among his supporters.
Nexus Services, Inc. is petitioning a federal court to protect these individuals seeking asylum from Trump’s illegal policies and its draconian enforcement by the military and other armed federal agents, as well as gun-toting white-nationalist militias.
Mike Donovan, President of Nexus Services, said: “Federal law enables migrants to apply for asylum in the United States. President Trump and his administration have used ‘increased enforcement,’ like separating families and lengthening detention to violate migrant rights. Now, the President has sent soldiers to the southern border to stop legal immigration and legitimate asylum seekers. The President’s rhetoric has inspired gun-toting racists to flood the border with the desire to shoot and kill migrants, many of whom are women and children. 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. At Nexus we love the good people we serve who come to this country for a better life, and will stand with them against the hate of the Trump White House.”
Nexus Services, Inc. is a leading provider of immigrant bond securitization and of services provided to detained individuals. The organization funds Nexus Derechos Humanos Attorneys, Inc. as a part of its corporate giving plan to open access to justice for disadvantaged people across the United States. http://www.nexushelps.com/
Nexus Derechos Humanos Attorneys Inc. is a civil-rights law firm funded by Nexus Services Inc. Nexus Derechos Humanos is committed to holding public officials accountable for placing money or politics above the lives of human beings, protecting due-process rights, challenging government coercion and demanding justice and enforcement of hard-won civil rights. https://www.ndhlawyers.com…”

Earlier this year, the Washington Post reported on Nexus being under multiple investigations:

Investigations into a Virginia-based company accused of preying on detained undocumented immigrants have expanded.
Libre by Nexus, an immigration bond services company, is the subject of probes by the attorneys general
of Virginia, New York and Washington state, according to state and federal court records.
The previously unreported investigations come on top of a federal probe by the Consumer Financial
“Protection Bureau (CFPB), made public in October.
In a statement, Libre’s parent company, Nexus Services, acknowledged two of the state investigations
and did not deny the third.
“Nexus . . . continues to cooperate with responsible inquiries into our business model and the life affirming work we do every day to support immigrants,” CEO Mike Donovan said.
Libre by Nexus helps post bond for people being held in immigration detention centers while they wait
for their cases to be heard in backlogged courts. In exchange for their freedom, immigrants sign
contracts promising to pay Libre $420 per month while wearing the company’s GPS ankle devices.
The contracts have been the subject of lawsuits and allegations of fraud by immigrants who claim they
did not understand them.
Libre by Nexus has vigorously denied any wrongdoing, saying its contracts are transparent and
preferable to someone remaining behind bars.
End excerpt. Read the complete Post report on Libre by Nexus at this link.

https://www.thegatewaypundit.com/201...Xg1zzhtrfSGkwM

November 2, 2018
Neil Munro
7,002 comments

Pro-migration lawyers have recruited several Honduran caravan migrants to demand judges block President Donald Trump’s asylum reforms, due for release next week.

“NOW COMES Plaintiffs Maria Doris Pineda, Jasmine Ortega Sanchez, Francisco Javier Castillos, Holivia Adeline Castillos, Dina Ruc, and Marta Lopez, and file this civil action against the Trump administration for violations of their procedural and substantive due process rights,” says the lawsuit by DC-based John M. Shoreman, plus three additional lawyers in Atlanta, Mario B. Williams, Julie Oinonen, and Dallas S. LePierre.

The Nov. 1 lawsuit admits that the migrants are not in the United States, but are “travelling [sic] by foot to the United States to seek asylum.”

The lawsuit focuses on presidential statements and various predictions, but not on regulations and instructions issued by the federal government. It claims:

Trump’s professed and enacted policy towards thousands of caravanners seeking asylum in the United States is shockingly unconstitutional. 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

The new rules and regulations are expected next week. They likely include a rule ending the Flores judicial commandment which forces border agencies to release migrants who bring children before the courts can process their asylum claims.

The lawsuit demands that the federal government allow the migrants to plead for asylum, but there is no evidence that President Donald Trump intends to prevent the migrants from asking for asylum. In his Nov. 1 press conference, Trump did not promise to bar asylum applications by the caravan migrants, but promised that he would detain migrants until their claims are heard:

Under this plan, the illegal aliens will no longer get a free pass into our country by lodging meritless claims in seeking asylum. Instead, migrants seeking asylum will have to present themselves lawfully at a port of entry. So they’re going to have to lawfully present themselves at a port of entry. Those who choose to break our laws and enter illegally will no longer be able to use meritless claims to gain automatic admission into our country. We will hold them — for a long time, if necessary.

Trump argued that his reforms would end the catch-and-release policies set by former President Barack Obama and by Congress:

The biggest loophole drawing illegal aliens to our borders is the use of fraudulent or meritless asylum claims to gain entry into our great country. An alien simply crosses the border illegally, finds a Border Patrol agent, and using well-coached language — by lawyers and others that stand there trying to get fees or whatever they can get — they’re given a phrase to read … then often released into the United States, and they await a lengthy court process. The court process will takes years sometimes for them to attend. Well, we’re not releasing them into our country any longer.

…

On average, once released, an asylum case takes three and half years to complete. Think of it. Somebody walks into our country, reads a statement given by a lawyer, and we have a three-and-a-half-year court case for one person.

…

The overwhelming majority of claims are rejected by the courts, but by that time, the alien has usually long since disappeared into our country. So they never get to see the judge. They never get to have a ruling. They don’t care because they’re in the country and nobody knows where they are.

Trump noted that asylum law does not accept poverty as a cause for granting asylum:

Asylum is not a program for those living in poverty. There are billions of people in the world living at the poverty level. The United States cannot possibly absorb them all. Asylum is a very special protection intended only for those fleeing government persecution based on race, religion, and other protected status.

“This complaint is poorly written and looks more like a press release than a lawsuit, using politically charged terms and hyperbole instead of carefully reasoned legal claims,” says Breitbart News Senior Legal Editor Ken Klukowski.

“This case is not ripe for adjudication, but regardless, if President Trump issues a presidential proclamation denying entry to this class of aliens, then Supreme Court precedent makes clear Congress has given him the legal authority to do so,” he said.

However, the lawsuit indicates several legal claims that are likely to be made by establishment pro-migration groups, such as the ACLU.

For example, it says that migrants can only be detained in camp cities which are licensed and overseen by state-approved oversight groups:

the Flores Agreement, a legally binding agreement designed to ensure the safety of immigrant alien children, as they enter this country for a variety of reasons, states that minors must be held in facilities run by licensed programs that are “safe and sanitary and are consistent with [Defendants’] concern for the particular vulnerability of minors.” … These facilities must “provide access to toilets and sinks, drinking water … adequate temperature control and ventilation, adequate supervision to protect minors from others, and contact with family.

…

President Trump’s policy position/initiative is to put these very children in tents, touting that “when they find out this happens, [held in tents for years in the desert] you’re going to have far fewer people come up.” Clearly President Trump cannot believe that his tents are facilities run by licensed programs as required by the Flores Agreements. And President Trump clearly is not talking about adequate temperature controlled and ventilated tents with toilets and sinks and drinking water, for Plaintiffs’ children, noting that Trump has condoned tent encampments as recent as 8 months ago.

https://www.breitbart.com/politics/2...-to-sue-trump/

11/2/2018
Mike Brest



Tucker Carlson got into a heated debate on Friday with the lawyer who filed a lawsuit against President Donald Trump for violating the rights of the migrant caravan heading towards the border.

The lawsuit, which was filed by Mike Donovan, alleged that Trump’s vow to send the migrants back to their country of origin violates the Fifth Amendment that states, “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.”

“They are claiming rights under the asylum provisions of our statutes that affords them due process rights under that law. We have due process under the law. This is a law that is specifically directed to them so of course, they have due process rights,” Donovan stated.

“Let me just correct you as a non-lawyer. They do not possess those rights if they are in another country and not U.S. citizens. If they possess those rights, then, I don’t know, the entire country of Nigeria — pick a country that is poorer than the United States and say ‘we want to come there,’ president says you can’t come and all of a sudden eight hundred million people sue you for violating their constitutional rights for a country they’ve never been to?” Carlson responded before being cut off.

The lawsuit refers to Trump as the plaintiff’s own president: “The issue of detaining people in tents indefinitely brings about more unconstitutional conduct by our president.”


TOPSHOT – Salvadoran migrants embark on a journey in caravan to the United States, in San Salvador on October 31, 2018. (MARVIN RECINOS/AFP/Getty Images)


“With all due respect, Tucker, that’s not what we are talking about. We’re talking about individual migrants who are coming together who are on their way to the border to exercise their rights under U.S. law under due process,” Donovan continued before Carlson interrupted him.

“Hold on. Because it’s a few? What’s the principal if you are a foreigner residing in a foreign country — I don’t know if they are en route or not,” Carlson retaliated.

Trump announced a plan to sign a new executive order that would force asylum seekers to go toward legal ports of entry and to end the policy of catch and release on Thursday.


Salvadoran migrants embark on a journey in caravan to the United States, in San Salvador on October 31, 2018. (MARVIN RECINOS/AFP/Getty Images)


Donovan added, “If the entire nation of Nigeria were en route to the United States, perhaps it would be apples to apples. But that’s what you said. It’s not correct. These are individuals coming to this country to seek asylum.”

“First of all, you don’t know that. We don’t know what their intent is. Actually, you don’t. They are hundreds of miles away, and asylum claims have to be made on U.S. soil,” Carlson said. “Either at an embassy, consulate, or at our border. That’s a law, as someone who purportedly defends the law, you know that, I know. You can’t actually claim that you are covered by the U.S.Constitutionn. You are not on U.S. soil and you are not a U.S. citizen.”

https://dailycaller.com/2018/11/02/c...-lawyer-trump/

They sure look well-fed, apparently poverty in these countries doesn't mean "can't feed my family" after all.

They're total con artists.

DON'T LET THEM IN!! DON'T LET THEM IN!! DON'T LET THEM IN!!

Mexico gave them the "right" to stay there.

They refused.

Return them all.

The entire US Constitution was written for Americans only. It’s not the World Constitution, it’s the US Constitution.