Migrants traveling to US sue Trump, government; claim violation of constitutional rights

A dozen migrants traveling by foot from Honduras to the U.S. to seek asylum filed a class-action lawsuit Thursday against President Trump, the Department of Homeland Security and others, claiming a violation of their due process under the Fifth Amendment.

The Fifth Amendment states that, “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.”

A recent PBS report cited former Supreme Court Justice Antonin Scalia, who ruled in 1993 case that “it is well established that the Fifth Amendment entitles aliens to due process of law in a deportation proceeding.”

Twelve Honduran nationals, including six children, are listed as plaintiffs in the lawsuit. The suit, which was filed Thursday in the U.S. District Court in Washington, D.C., said it is widely known that Guatemala, Honduras and El Salvador are “undergoing a well-documented human rights crisis.” The lawsuit also claims that the plaintiffs’ right to the Administrative Procedures Act and the Declaratory Judgement Act were being infringed upon.

The Central American migrant caravan now numbers approximately 4,000 people, down from a high of 7,200.

The lawsuit points to Trump’s claim that he will prevent the caravan from entering the U.S. It claims that the president cannot stop asylum-seekers by employing the military — when they have a fair claim. The suit criticized the president’s alleged attempt at stoking “fear and hysteria” by claiming that criminals and gang members have joined the caravan.

The suit cited a Trump interview with Fox News’ Laura Ingraham, where the president laid out plans to build tent cities to house migrants. The suit questioned the functionality of such a project, and asked if these living quarters would qualify under the Flores Agreement of 1997. The agreement protects asylum-seekers’ rights and limits how long minors can be held.

Earlier this summer, a federal judge in California rejected a request by the administration to modify Flores to allow for longer family detention. Administration officials say they have the authority to terminate the agreement, but that is likely to be tested in court.

FOLLOW THE LINK FOR THE FULL REPORT – JR

https://www.foxnews.com/politics/migrants-traveling-to-us-sue-trump-government-claim-violation-of-constitutional-rights

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He’s In: Kavanaugh Confirmation ‘Major Step’ In Restoring Constitutional Rights, Say Thinktanks

Conservative think tanks celebrated Justice Brett Kavanaugh’s confirmation to the Supreme Court, calling it a “major step” in restoring constitutional rights in America.

“Today is a victory for liberty in America. I am overjoyed that the Senate confirmed Brett Kavanaugh, a good man and good jurist. Justice Kavanaugh will serve with distinction as an Associate Justice on the Supreme Court of the United States for years to come,” Heritage Foundation President Kay Cole James said in a statement on Saturday.

Other groups lauded Kavanaugh’s originalist philosophy, noting his presence on the Supreme Court would protect constitutional rights, not change them.

“This nomination and today’s confirmation were about the Constitution and the foundational freedoms it was designed to protect. Today was a major step in the journey to restore the Constitution to its rightful and intended role in our Republic,” Family Research Council President Tony Perkins said Saturday.

Conservative watchdog group Judicial Watch also praised Kavanaugh’s confirmation, adding it would launch an investigation into Democrats’ abuse of the confirmation process as well as engineered smears.

“In confirming Judge Kavanaugh the Senate has confirmed a good man with an impeccable record of honoring the U.S. Constitution. Judge Kavanaugh’s record shows him to be a believer in the rule of law, and I believe he will serve the American people with distinction,” Judicial Watch President Tom Fitton said in a Saturday press release.

“We are grateful that a majority of the Senate rejected the leftist smears, abuse of process, and rejection of constitutional norms. Now there must be accountability for this lawless assault on our constitutional republic. Judicial Watch has launched an investigation into the Senate ethics and legal abuses by anti-Kavanaugh Senators. And we will continue to pursue our Senate ethics complaint against Sen. Booker for his admitted violation of Senate rules, the violation of which requires expulsion from the Senate.”

The Senate confirmed Kavanaugh Saturday in a 50-48 vote, shifting the balance of power back to the Constitution and rule of law, not activist judges seeking to impose their will through the Judicial Branch.

FOLLOW THE LINK FOR THE FULL REPORT – JR

https://www.infowars.com/hes-in-kavanaugh-confirmation-major-step-in-restoring-constitutional-rights-say-thinktanks/

Some fear California drought cuts could erase water rights

A proposal to make California’s drought-era water restrictions permanent could allow the state to chip away at long-held water rights in an unprecedented power grab, representatives from water districts and other users told regulators Tuesday.

Members of the state Water Resources Control Board delayed a decision about whether to bring back what had been temporary water bans from California’s drought, spanning 2013 to 2017. The plan is part of an effort to make water conservation a way of life, with climate change expected to lead to longer, more severe droughts.

It comes after U.S. officials declared that nearly half the state, all of it in the south, is back in drought just months after emerging from it.

FOLLOW THE LINK FOR THE FULL REPORT – JR

https://www.yahoo.com/news/california-weighs-permanent-restrictions-water-wasters-063141536.html

Lesbian Couple’s Sperm Donor Sues for Parental Rights

A New York state man who supplied his sperm for a lesbian couple’s at-home insemination was denied a paternity test by a state appeals court last week, possibly ending his battle for parental rights over the now 3-year-old girl who was born as a result of his donation.

In a unanimous ruling that put family before biology, a five-judge panel overturned a county family court’s 2015 order that the child undergo a paternity test, finding that not only would the test be against the child’s best interests, but asserting that the “presumption of legitimacy”—a legal term for the general assumption that a child born to a husband and wife is the biological child of both parents—extends to same-sex couples as well (PDF).

“We believe that it must be true that a child born to a same-gender married couple is presumed to be their child and, further, that the presumption of parentage is not defeated solely with proof of the biological fact that, at present, a child cannot be the product of same-gender parents,” Justice Robert Mulvey wrote in a 19-page decision.

FOLLOW THE LINK FOR THE FULL REPORT – JR

https://www.thedailybeast.com/lesbian-couples-sperm-donor-sues-for-parental-rights

NAACP Sees Warming As Civil Rights Issue | The Daily Caller

This Martin Luther King, Jr. Day, the NAACP wants man-made global warming to be seen as a civil rights issue, arguing King’s vision of a society free of racial injustice can’t be achieved without addressing warming.

“We see climate change as a civil rights issue,” Jacqueline Patterson, head of the NAACP’s environmental and climate justice program, said in an online radio spot for the Yale Center for Environmental Connection.

FOLLOW THE LINK FOR THE FULL REPORT – JR

http://dailycaller.com/2018/01/15/naacp-says-mlks-vision-cant-be-achieved-without-fighting-global-warming/