Or, Why Trump’s Executive Order on Refugees Violates the Establishment Clause
This piece originally appeared at Just Security. According to the Supreme Court, “the clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another.” But that command is apparently not clear enough for President Donald Trump. On Friday he signed an executive order on refugees that imposes a selective ban on immigration from seven Muslim-majority countries as well as establishes preferential treatment for refugees seeking asylum who are identified with “minority religions” in their country of origin. In case there was any doubt about the latter provision’s intent, Trump told Christian Broadcast News that it was intended to give priority to “Christians” seeking asylum over “Muslims.” In both respects, the executive order violates the “clearest command of the Establishment Clause.”