Syria, Iraq, Iran, Libya, Somalia, Sudan and Yemen.
This is common sense in order to defend the U.S. from jihad terror, but Hiroshi Motomura at UCLA School of Law says that “legal arguments could claim the executive orders discriminate against a particular religion, which would be unconstitutional.”
That is not necessarily true. The Constitution doesn’t apply to non-citizens. Moreover, due consideration should be made of the fact that those targeting us are of a particular religion.
“Trump expected to order temporary ban on refugees,” by Julia Edwards Ainsley, Reuters, January 25, 2017:
U.S. President Donald Trump is expected to sign executive orders starting on Wednesday that include a temporary ban on most refugees and a suspension of visas for citizens of Syria and six other Middle Eastern and African countries, say congressional aides and immigration experts briefed on the matter.
Trump, who tweeted that a “big day” was planned on national security on Wednesday, is expected to ban for several months the entry of refugees into the United States, except for religious minorities escaping persecution, until more aggressive vetting is in place.
Another order will block visas being issued to anyone from Syria, Iraq, Iran, Libya, Somalia, Sudan and Yemen, said the aides and experts, who asked not to be identified.
In his tweet late on Tuesday, Trump said: “Big day planned on NATIONAL SECURITY tomorrow. Among many other things, we will build the wall!”
The border security measures probably include directing the construction of a border wall with Mexico and other actions to cut the number of illegal immigrants living in the United States.
The sources say the first of the orders will be signed on Wednesday. With Trump considering measures to tighten border security, he could turn his attention to the refugee issue later this week….
Both Trump and his nominee for attorney general, Senator Jeff Sessions, have since said they would focus the restrictions on countries whose migrants could pose a threat, rather than a ban on those of a specific religion.
Many Trump supporters decried former President Barack Obama’s decision to increase the number of Syrian refugees admitted to the United States over fears that those fleeing the country’s civil war would carry out attacks.
Detractors could launch legal challenges if all the countries subject to the ban are Muslim-majority nations, said immigration expert Hiroshi Motomura at UCLA School of Law.
Legal arguments could claim the executive orders discriminate against a particular religion, which would be unconstitutional, he said.
“His comments during the campaign and a number of people on his team focused very much on religion as the target,” Motomura said….