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.
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.
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