On Friday, President Donald Trump signed an executive order banning immigrants from seven Muslim-majority countries. Many people are now stranded at airports all over the country. Others are stranded in the countries affected, and not even allowed to board their flights home to America.
Here are the ways that this likely violates the Constitution:
The First Amendment to the Constitution reads:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Making this ban about Muslims made it violate the First Amendment. Our government is not supposed to discriminate against anyone based on religion. Doing so goes against our history and our values.
The Supreme Court has ruled about this topic before in Larson v. Valente, 456 US. 228, 244 (1982). The ruling said, in part:
“… The clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another.”
We are never supposed to require any kind of religious test for coming into this country as it is a clear violation. The executive order gives preference to Christian refugees after the initial period, which could be construed as a unofficially “establishing” a religious test for entering this country.
The Fifth Amendment to the Constitution reads:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor 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; nor shall private property be taken for public use, without just compensation.”
Discriminating against Muslims via the ban violates their right to due process. Many of these people are legal residents who already had green cards or visas. Now, some can’t get back into the country that they live in legally.
Others, granted legal admission already, are being detained. None have committed any crime to justify these actions.
The Fourteenth Amendment to the Constitution addresses the rights of citizens and the Due Process Clause.
The first section:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
What Is Being Done To Stop It?
The ACLU has stepped up to block his unconstitutional measures. According to the ACLU lawsuit:
“Trump’s religious, unconstitutional, illegal and profit-driven executive order ‘has led to the flagrantly unconstitutional detention of perfectly legal immigrants whose lone crime is their national origin and religion.’ As any sane human being with an ounce of intellect and gram of decency knows intrinsically, Trump’s nasty order isn’t only wrong on moral and human grounds, it is also illegal in a nation with a 239-year old Constitution.”
Their Executive Director Anthony D. Romero said:
“We jumped into court, arguing that the accord was unconstitutional, that it was un-American, and that it flew in the face of established statutes that we have long regarded in this country.”
Trump’s decision appears to be at least a little bit based on profit, as President Trump spared countries in which he does business. Coincidence?
We will fight Trumplethinskin with any means we can.
Featured image via Twitter.