Migrants From Caravan Sue Trump And His Administration Proves Why They Must Be Stopped
president Trump described some members of the migrant caravan but if you listen
to the mainstream media they're all angels fleeing cartel violence so what
is the truth joining me now Fox News contributor and fellow at the
Independent Women's Forum Sarah Carter who was recently in Guatemala covering
the caravan all right Sarah so you know you've heard the media to describe these
people as you know good people you know women and children was that your
understanding when you were seeing them face to face unfortunately no I mean
there were women and children at the front end I was in Guatemala I was there
for the second wave that was coming across the Honduran border so I was
right there in a town called cheeky mullah right on the Honduran border as
they were moving across and they put the women and children's lives actually in
danger with these organizers of the caravan would do would put maybe a
hundred to two hundred women and children some disabled some elderly at
the front of the group and then the rest of the group and this is what I saw with
my own eyes were men I mean there were roughly
fourteen to fifteen hundred men behind them they would start pushing against
the women and children the Guatemalan government was telling them please turn
around go back you will not be allowed into the United States but as in Europe
Central America has a process by which if you have papers you can cross through
the border system so they didn't want the women and children to be harmed
so they process the women and children through so it's an early women and
children first but not in a good way not in a good way and so the men are really
taking advantage and using the women and children it's kind of the tip of the
spear you absolutely you talked about you know the organizers of the caravan
did you get any information on that well according to the intelligence officers
that I spoke to on the ground now I was with Guatemalan intelligence as well as
other intelligence officials on the ground they were informed that a lot of
the leftist groups in honde in El Salvador were organizing these
caravans and it appeared to me to be very highly organized because one I
speak Spanish I know what's going on there were people within the group that
were kind of guiding the other men in the group now and there's the purpose of
the left-wing groups in Central America for organizing the caravan north well
they have multiple reasons one they want to divide the government's conservative
governments of Guatemala or Honduras from the United States that might
surprise a ruckus that makes SOTA so it's about domestic politics and causing
mass mayhem down there internally in order to maybe overturn some exactly
exactly is the president speaking about the caravan let's listen to the
president United States is down in Florida talking about government legally
folks you can't come in that way and by the way Caravan after Caravan and we pay
these countries with they're formed on doors all of them we pay them hundreds
of millions of dollars they do nothing for us they do nothing they do nothing
for us they had a new one just formed in El Salvador we pay them a lot we pay
them all hundreds of millions of dollars they do nothing and did you see Mexico
strong they are trying and their military and their police stood guard
and the level of viciousness with the rocks being thrown in their face
the military was hurt their police their law enforcement they were hurt we don't
put up with it we don't put up with it we don't want we don't want that in our
country we're not gonna have it in our country they broke through think of it
they broke through the Mexican military and the Mexico they broke through okay
say the presidents are talking about it we've all seen the images of this of
these young men throwing rocks and bloodying up Mexican law enforcement
officials it seems like kind of a rowdy crew down there and it it doesn't look
like the kind of people that you want to say oh yes come on into the country as
they're throwing elbows and rocks at Mexico
law enforcement when you were talking to people down there what was the criminal
element like a pop I did well I did I did see visibly ms-13 members within the
group that I was with a lot of them were very demanding they said we're going
there we're going to get jobs they were also talking badly about President Trump
they were saying if he doesn't give us jobs you know we're coming into the
country and we're gonna demand our rights and I said well what would it
take for you to return home I mean you're coming to the United States word
that before it's it sounds like I've heard that here and it's our loopholes
Jesse I mean look we have so many loopholes in our system and they know it
and they play these loopholes whether it's family units which we've seen over
a 40 percent increase this year in family units they know how to play this
game and they're also being taught so once they get into Mexico and once they
start moving through Mexico believe me the drug cartels are watching this as
well as the smugglers course when you get there without safe passage from the
drug cartels and then they got lawyers down there coaching them on what to say
what the left or doesn't understand though is once if you're essential
American and you come in with some family member who knows if they're
actually a family member there am i right
you have to stay they have to let them here in America until their Asylum case
is heard and I'm thinking to myself you guys want to take that risk we don't
know who these people are you got a venom at a port of entry like every
other Russian that comes but for some reason they don't want to get vetted
when they're in the Texas border I got a yes right that's that's under the Ninth
Circuit and this is the reason why another loophole got a closing but we
got to close the border and the loophole Sara great reporting down there I really
appreciate it thank you well members that migrant Caravan are
not American they're not even in the United States yet according to left that
makes no difference to the left there are two groups of people in the world
current American citizens and American citizens who simply haven't shown up yet
if you don't want them here immediately then you are a monster people have
gotten so much dumber in the last two years it's unbelievable and it shouldn't
surprise us that in the face programming like that a dozen hundred
migrants have sued the administration for supposedly violating their
constitutional rights even though once again they have not yet reached the
border yet and they are of course not American citizens Mike Donovan is CEO of
Nexus services which is financing that lawsuit he joins us - Mike thanks a lot
for coming on and for explained to make sure having me of course a sincere
question and I'm really am glad that you're here because it's hard to see
what the standing is here these are people who are not American citizens or
not an American soil and some of them have declared intent to violate American
law how are their constitutional rights the constitution of the country they're
not part of how are those rights being violated exactly well so of the of the
named plaintiffs in this lawsuit each of them and each of the individuals and the
in the purported class our individuals who want to seek asylum and do so
legally so I think that's an important part of this conversation but Tucker
it's it's a good question the asylum so we have an immigration law it's a series
of immigration laws and one of those elements is asylum and and those laws
are specific to the individuals in this Caravan who are coming to claim asylum
that that in alone it may not be enough but the president of the United States
has taken to making this caravan a symbol of an invasion of our country and
he has taken a great deal of time to defame the individuals who are
travelling fleeing bloodshed in their home countries trying to find a place
where they can live and and and support their family what does that have to and
I understand you don't like that and you're on their side you don't like
Trump fine but what is that how does that mean that they have a
constitutional right that is being violated what is that right where in the
Constitution does it reside as just a normal American I'm confused can you
help me yeah absolutely it's a right to due process these individuals are coming
to the country they have in one way or another stated their intent to come to
the country and the chief executive of this country has taken aim and attacked
them so what I'm saying is that their standing is very simple there are asylum
seekers they want clarification I think that we should respect these migrants
for this is a legal question so I get it we
should respect them you you're on the side of the migrants that's that's
that's your right I just want to know where my responsibility begins as an
American citizen you're saying they have a constitutional right to due process
but they're not Americans and they're not on US soil they're hundreds of miles
from the United States they're not here so in what sense are they covered by our
due process protect but this is insane and you know what's insane I just want
you to admit that it's no it's no it's not insane Tucker 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 right
they do not possess those rights if they're in another country and not US
citizens so if they possessed those rights then I don't know the entire
country of Nigeria or a bigger country that's poor the United States and say we
want to come there president says you can't come and all of a sudden 800
million people sue you for violating their constitutional rights in the
country they'd ever been to with what we thought do you respect doctor you know
that that's not exact that's not what we're talking about here we're talking
about individual migrants who are coming together who are on their way to the
border to exercise their rights under US law nobody I'm processing because it's a
few it is different what's the principle in what sense is it different what's the
principle if if you freeze it foreigners residing in the foreign country okay
well I don't know if they're in Router the entire nation of if the if the
entire nation of Nigeria were in route to the United States perhaps it would be
apples to apples but that's what you said it's not correct the individuals
coming to this country to seek asylum okay officially you don't know that we
don't know what their intent is the show actually you don't they're hundreds of
miles away and asylum claims have to be made on US soil either in an embassy a
consulate or at our border okay that's the loss because someone who purportedly
defends the law you know that I know so you can't actually claim that you're
covered by the US Constitution again if you're not on US soil and you're not a
US citizen because if you could before jangly no I
but Tucker what's on our courts don't the courts don't agree with you there's
a court case in the DC Circuit that is in the matter of re r L Johnson where
judge Boasberg said that the administration can't use deterrence to
curb asylum seekers who are coming to this country I'm afraid that this is an
area of law that's already been litigated I'm not sorry sir you are
incorrect you are no you're factually correct not the United States on the
United States Supreme Court has never said that due process protection applies
to non-citizens on foreign soil that has never happened to it the the the
District of Columbia federal courts have and that's where this shows are you be
one day we'll get to the Supreme here's what's important is that the rest of us
know with the precedent is and so is by this standard anyone in any country who
says he's on his way to the United States and is walking in our direction
can sue the United States for saying we don't want you like you really want to
set their president ABB's do I do I want to set the precedent Tucker if the
President of the United States engages an abusive violent rhetoric toward a
group of people you know what your this president is behaving badly and you you
don't you don't get to know it's not one of these people I don't like do you if
you honestly believe that CNN said do I think it's okay I want to talk about
adult things like what is the Constitution guarantee foreigners is it
okay that he's mean okay thank you legal eagles are here to break down the
migrants case against the Trump administration criminal defense
attorneys prosecutor David Bruno and former criminal defense attorney Emily
company oh and they are kind enough to take the sides we assign them regardless
of how they may personally feel about this case but let's start with this
Emily we have this case it looks like six adults who say they're Honduran
citizens were traveling six children that they are also suing on behalf of
and they are claiming their due process violation due process violations under
the fifth amendment saying this the Due Process Clause of the Fifth Amendment
applies to all persons on United States soil and thus applies to plaintiffs when
seeking admission at the southern United States border clearly they're not on US
soil yet but they say they're gonna get here and that's when these rights kick
in you're right that's part of the multiple issues with this lawsuit that
render it um just absolutely ridiculous frankly it
one of them is standing now the lawsuit or the case that the lawsuit points to
out at the Supreme Court specifically references deportation proceedings that
the Fifth Amendment will be construed to afford all aliens participating in
deportation proceedings due process and that's partly the fallacy here is the
fact that as you pointed out they're not yet on our border they do not have that
standing under the proceedings and legally it is not the same thing as an
asylum applicant secondly and then the second large issue is the it's the
ripeness of the case the timeliness the president's comments the lawsuit points
to it it hasn't resulted yet in an executive order although with the
military decision that falls squarely under the exception of the Posse
Comitatus Act which is that active-duty military can provide support roles at
the border as long as it's not law enforcement the third issue here is
overreach frankly the courts the courts Accord great deference to the president
and his exercising of power as does Congress which provides to him the
authority to prevent classes of aliens including all classes of aliens from
entering or crossing the border in in for for facially positive reasons and
taking it a step further that they're not allowed essentially to go behind the
scenes the courts are to determine whether or not it's legal so here
there's just multiple issues yeah let me bring in David on the first one there or
first or second what about you both standing but about ripeness too I mean
the president says this executive order or this executive action is coming
should they wait then until that they actually have something to challenge
David I mean you know are they getting the cart ahead of the horse at this
point I do I do believe I do believe it's premature to file this action
number one they are not at the port of entry and number two the president has
not taken official action I think whoever brought this lawsuit failed to
read the the United States Supreme Court decision
in Trump versus Hawaii which granted him a tremendous amount of discretion to act
this way but it does bring up some issues it does bring up some issues
there there is a procedure there for any asylum seekers that everyone should be
taken in for a credible fear interview and then thereafter if they're granted
that then there is a hearing you know interesting enough I read some
statistics us today printed out that 93% of the four hundred and one asylum
seekers in the March Caravan the April Caravan were actually cleared through
the first interview that was very surprising to me I couldn't believe it
because III thought that there were many people taking advantage of the situation
but here I mean it does raise some issues there is a process under our
federal code and if there's no executive action and they're denied those rights
they will have claims for due process violation well and one of the things
that they're really objecting to in this lawsuit is this idea that people caught
at the border are not gonna be allowed to proceed into the country they're
gonna be held in temporary dwellings here's what the president said about the
plan we're gonna build 10 cities we're going to put tents up all over the place
we're not going to build structures and spend all of this you know hundreds of
millions of dollars we're gonna have tents they're going to be very nice and
they're gonna wait and if they don't get asylum they get out in the claim not so
sure they think that the tents are going to be nice they say there's no evidence
that Trump's policy position initiative of placing people in tents and tent
cities is in compliance with the requirements that alien children such as
those at issue in this case are being placed in facilities run by licensed
programs that provide adequate temperature control and ventilation
access drink to drinking water and supervision as required by the Flores
agreement I want you both quickly to weigh in on that issue Emily to you
first absolutely I think the biggest issue
here again is the rightness now what the president says is an interview it does
not translate to an executive order an actual decision so while the points made
there are absolutely true a tent city would have to comply with a Forres
agreement the fact of the matter is that he hasn't issued or created that yet and
thus it's just it's simply not timely I do think it's also important to note
in the lawsuit a lot of the grievances that it talks about is both rhetoric and
also things that it is incumbent upon Congress to change so to me it would
behoove these attorneys to spend their time more lobbying our representatives
in Congress rather than clogging the courts with this lawsuit Dave does it
stand up against that first hurdle there at the district court where it's been
filed well with the language that you've extracted there the key term is children
so yes you cannot put the children in the tents pursuant to the Flores
agreement they're mandatory requirements in that agreement and a tent will not
will not be sufficient all right well the children yeah and then that's very
specific in that Flores agreement and decree and the DOJ says that's not part
of what they're gonna be doing they're not setting up ten cities so we'll see
what the reality is as this plays out David and Emily thank you very much
thank you god bless you and God bless america
you
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