Mr. LL Sir: If they are attempting to legally seek asylum, aren't they required to attempt it in the country next to them, not cross over a country to "forum shop" so to speak?
Originally Posted by friendly fred
There are many SCOTUS opinions on the issues surrounding the "standing" of foreign nationals to bring claims based upon rights and/or privileges of the U.S. Constitution and the Amendments thereto. It is my general understanding without additional research that a foreign national who is not on U.S. soil (and never has been) lacks "standing" to bring an action in U.S. Federal courts against the government in which violations of the U.S. Constitution and/or the Amendments thereto are asserted as a basis of the claim or claims so long as those alleged violations occurred on U.S. soil (including territories and/or consulate/embassies property).
Your theory has a "catch 22" ... IF the immigration laws/regs require the foreign national to seek asylum outside of the U.S. territory FIRST via a legitimate State Department facility then they have not been deprived of "due process" unless by U.S. action they were prevented from accessing such facility and/or denied an opportunity to access such facility to make the claim.
If the U.S. sets up tents on U.S. soil to "house" the illegal invaders and dependents then they are on U.S. soil, in U.S. custody/detention, and they are in the jurisdiction of the U.S. (and the local school district btw) and therefore they have rights within the U.S. Constitution and the Amendments thereto. cf "POW" litigation out of GTMO and the Japanese internment camps.
I'm not saying the following cite is dispositive, but there is some guidance on some of the principles involved .... since it is executive action, Trump EO's, foreigners not on this soil, and "rights" to come into this country, asylum/persecution, and other similar fact questions ... although not directly addressed as to the law ... it should give one some hint at the direction the Court will take when it gets there ....
https://www.supremecourt.gov/opinion...7-965_h315.pdf
.... then dealing with immigration and the integrity of this country's security system then the POTUS sort of "trumps" others! (no pun intended!).