Twelve caravan migrants from Honduras heading North for a better life just sued President Trump, Jeff Sessions, and the Federal government. Can they even do this?
The issue would be standing, or the right to sue, and the migrants are claiming that by Trump saying he will not hear their asylum claims they are being hurt and in fact, do have standing. It is dubious at best. From The Daily Wire:
A group of caravan migrants from Honduras filed a class-action lawsuit Thursday against President Trump and various government agencies, including Homeland Security, for violating their Fifth Amendment due process rights if the government turns the caravan away as Trump has signaled he intends to do.
The lawsuit — filed by twelve Honduran nationals, including six children, in D.C.’s U.S. District Court — claims that the migrants are coming from three countries (Guatemala, Honduras and El Salvador) suffering human rights crises. These crises, they contend, are grounds for admission as asylum-seekers. By turning them away without fully hearing their asylum claims, the president and his administration are infringing upon their rights under the Administrative Procedures Act and the Declaratory Judgement Act, they contend.
From the lawsuit: 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.
For example, 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.” (See Ex. 1, ¶¶ 12.A, 14, Flores Agreement.)
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.”
…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.