The Committee on American-Islamic Relations has filed a lawsuit against President Donald Trump over his executive order which bans immigrants and refugees from seven Muslim-majority nations.
— Mike Scarcella (@MikeScarcella) January 30, 2017
The suit, which has been filed on behalf more than 20 plaintiffs, identifies Trump’s executive order, officially known as ““Protecting the Nation from Terrorist Attacks by Foreign Nationals,” as the “Muslim Exclusion Order”
Shereef Akeel, one of the attorneys representing CAIR, told the Daily Beast that Trump’s order is a violation of the First Amendment to the U.S. Constitution.
‘Our First Amendment is under attack. We, as attorneys, are foot soldiers of the American Constitution and took an oath to protect all from being targeted by the government because of their faith.’
Indeed, the suit alleges that the order violates several of the First Amendment’s provisions. In regards to the Establishment Clause, the lawsuit states that the Muslim Exclusion Order imposes upon Islam, and Islam alone, the “stigma of government disfavor.”
‘President Trump’s Muslim Exclusion Order imposes upon Islam—the religion to which all of the Plaintiffs belong—the stigma of government disfavor. This condemnation, which has been cast to the general public pursuant to the Muslim Exclusion Order, signals to Plaintiffs’ fellow citizens that their faith is uniquely threatening and dangerous insofar as it is the only religion singled out for disfavored treatment.’
The suit also alleges that Trump’s order infringes upon the rights of Muslims to freely exercise their religion by imposing an undue burden on them in regards to traveling to and from the United States.
The suit further alleges that the Muslim Exclusion Order violates the Fifth Amendment’s guarantee of equal protection under the law. The suit argues that by denying Muslims, and only Muslims, the right to enter or leave the country, Trump’s order is reducing them to “second-class citizens.”
The suit also alleges that Trump’s order is too broad in its scope. It discusses the fact that during the campaign, Trump proposed a ban on all Muslims entering the country, but Trump eventually revised to only include those seven countries mentioned in his recent executive order.
The suit acknowledges that this current order is less broad than Trump’s original suggestion because it only targets certain Muslims. However, the order targets only Muslims and no other group. Furthermore, the current order is, according to CAIR, is, in some ways, broader than Trump’s original order because it not only targets those seeking immigration or refugee status, but those who have already entered the country legally.
We’ll have more information on this suit as the case develops.
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