The article of my interest concerns the unconstitutional nature of the Executive Order that President Trump enacted in January. Earlier this semester, we discussed how the travel ban issued by Executive Order violates aspects of the constitutional law. The article by Kerry Abrams, professor of law at the University of Virginia School of Law, succinctly explains how the Executive order violates constitutional law.
Firstly, the order violates the Equal Protection Clause of the 14th Amendment by restricting individuals from seven predominantly Muslim countries for their religion and nationality. Moreover, immigration laws already disallow this type of discrimination in issuing visas.
Secondly, the order affects religious freedom, including issues surrounding the ban on government establishment of religion. The executive order forbids admission of all refugees in those seven countries but asks the secretary of homeland security to “prioritize refugee claims” by members of a “minority religion” in a given country. This means explicitly deprioritizing Muslim refugees in majority-Muslim countries.
Thirdly, the procedures used to enforce the order are arbitrary. A lack of due process under the Fifth and 14th amendments is considerable because of the …show more content…
“Habeas Corpus requires a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.” (Dictionary) The hasty nature of the executive order validates habeas corpus petitions because the changes brought by it did not go through formal administrative process or legislative approval.
The last surprising point that the articles mentions is that the order affects family relationships. The Supreme Court recognizes the importance of the fundamental right to family relationships. Family reunification represents ones of the pillars of immigration
Firstly, the order violates the Equal Protection Clause of the 14th Amendment by restricting individuals from seven predominantly Muslim countries for their religion and nationality. Moreover, immigration laws already disallow this type of discrimination in issuing visas.
Secondly, the order affects religious freedom, including issues surrounding the ban on government establishment of religion. The executive order forbids admission of all refugees in those seven countries but asks the secretary of homeland security to “prioritize refugee claims” by members of a “minority religion” in a given country. This means explicitly deprioritizing Muslim refugees in majority-Muslim countries.
Thirdly, the procedures used to enforce the order are arbitrary. A lack of due process under the Fifth and 14th amendments is considerable because of the …show more content…
“Habeas Corpus requires a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.” (Dictionary) The hasty nature of the executive order validates habeas corpus petitions because the changes brought by it did not go through formal administrative process or legislative approval.
The last surprising point that the articles mentions is that the order affects family relationships. The Supreme Court recognizes the importance of the fundamental right to family relationships. Family reunification represents ones of the pillars of immigration