In a rather bizarre move, six people who say they are part of a caravan of migrants from Honduras have sued the government claiming that the plan to deny them entry into the USA deprives them of their constitutional rights. The case was filed as a class action in the federal district court in DC.
To call this a weak case is an understatement. The law is clear that non-Americans outside the USA do not have constitutional rights. Once inside the USA, a person gets those rights (with certain limited exceptions), but there's no way to stretch that absent a major change by the Supreme Court (which is highly unlikely).
The real issue is whether or not some activist Democrat judge will issue an injunction against the President's plan for dealing with the caravan. That could stop the plan temporarily, but long enough for all these people to get into the USA and disappear into the crowd. Such an order would be wrong on its face, but the DC circuit is packed with Obama appointees who were put there to rule in favor of the Democrats on issues regarding administrative matters. It would take Supreme Court intervention to stay such an order, and that is not easy to get.
It would be a travesty if a judge issued such an order, but it was also a travesty when the judges in Hawaii etc. issued orders against the so called travel ban. There was no question that the Executive order was proper in that case, but the trial level court enjoined it nevertheless. Hopefully, this case will be assigned to a honest and non-political judge.
To call this a weak case is an understatement. The law is clear that non-Americans outside the USA do not have constitutional rights. Once inside the USA, a person gets those rights (with certain limited exceptions), but there's no way to stretch that absent a major change by the Supreme Court (which is highly unlikely).
The real issue is whether or not some activist Democrat judge will issue an injunction against the President's plan for dealing with the caravan. That could stop the plan temporarily, but long enough for all these people to get into the USA and disappear into the crowd. Such an order would be wrong on its face, but the DC circuit is packed with Obama appointees who were put there to rule in favor of the Democrats on issues regarding administrative matters. It would take Supreme Court intervention to stay such an order, and that is not easy to get.
It would be a travesty if a judge issued such an order, but it was also a travesty when the judges in Hawaii etc. issued orders against the so called travel ban. There was no question that the Executive order was proper in that case, but the trial level court enjoined it nevertheless. Hopefully, this case will be assigned to a honest and non-political judge.
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