Isabella Carter
President Trump's Executive Order 13769, commonly known as the Muslim ban, restricted travel from Muslim-majority countries and excluded people from emigrating or travelling to the United States based on their nationality. This resulted in thousands of family separations. The ban was challenged in court, with the ACLU and partner organisations arguing that it violated the Constitution as well as federal law, including the First Amendment's prohibition of the government establishment of religion and the Fifth Amendment's guarantees of equal treatment under the law. The appeals court ruled that the ban violated the Constitution's guarantee of religious freedom, marking the first time an appeals court had ruled that a permanent ban violated the Constitution.
| Characteristics | Values |
|---|---|
| Violation of the First Amendment | Prohibition of government establishment of religion |
| Violation of the Fifth Amendment | Guarantees of equal treatment under the law |
| Violation of the Establishment Clause | Likely violation by Executive Order 13769 |
| Violation of the Constitution's guarantee of religious freedom | Ban's purpose is to "exclude Muslims from the United States" |
| Violation of U.S. immigration laws | President cannot remove entire countries from the immigration system |
| N/A | N/A |
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What You'll Learn
- The Muslim ban violates the First Amendment's prohibition of government establishment of religion
- The ban violates the Fifth Amendment's guarantee of equal treatment under the law
- It breaks the Establishment Clause of the US Constitution
- The ban violates the Constitution's guarantee of religious freedom
- The ban is unconstitutional as it is based on nationality and not religion
The Muslim ban violates the First Amendment's prohibition of government establishment of religion
The Muslim ban instituted by President Trump's Executive Order on immigration violated the First Amendment's prohibition of government establishment of religion. The First Amendment to the United States Constitution includes the Establishment Clause, which prohibits any governmental "establishment of religion". This clause encompasses the two main areas of religion in constitutional law: establishment cases and free exercise cases. The Establishment Clause forbids the government from endorsing, promoting, or favouring any particular religion.
Trump's Executive Order on immigration banned the entry of immigrants from seven nations with populations that are over 90% Muslim: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. This order even applied to individuals who had been vetted, approved for immigration to the United States, and granted visas. Trump further clarified his intentions by appearing on a national Christian broadcasting station to explain that the order was designed to favour Christian over Muslim refugees.
The American Civil Liberties Union (ACLU) and its affiliates challenged the ban in federal court, arguing that it violated the Constitution and federal law. The ACLU represented refugees, asylees, and residents of Washington state who were negatively impacted by the ban. The suit claimed that the ban violated the First Amendment's prohibition of government establishment of religion and the Fifth Amendment's guarantee of equal treatment under the law.
Federal courts in Washington, Maryland, and Hawaii blocked the Executive Order, with judges describing it as ""unconstitutional" and affirming that it ""violates American values". These rulings upheld the First Amendment's prohibition of government establishment of religion, protecting the religious liberty of Muslims and ensuring that the government does not endorse or promote any particular religion over another.
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The ban violates the Fifth Amendment's guarantee of equal treatment under the law
The Muslim Ban, officially known as Executive Order 13769, was an executive order by President Trump that restricted travel from Muslim-majority countries. The order lowered the number of refugees admitted into the US in 2017 to 50,000, suspended the US Refugee Admissions Program for 120 days, and indefinitely suspended the entry of Syrian refugees. The ban was in effect from January 27, 2017, until March 6, 2017, when it was superseded by Executive Order 13780, which shared the title "Protecting the Nation from Foreign Terrorist Entry into the United States".
The Muslim Ban was challenged in court by the ACLU and partner organizations, who argued that it violated the Constitution as well as federal law. The ban disproportionately affected individuals from Muslim-majority countries and was seen as a form of religious discrimination. The Fifth Amendment to the Constitution protects individuals from being denied life, liberty, or property by the government without due process of law. It also includes an equal protection component, which requires the government to treat all similarly situated individuals equally.
In the case of Does v. Trump, the ACLU sued Trump on behalf of organizations that resettle refugees, arguing that the Muslim Ban violated the Fifth Amendment's guarantee of equal treatment under the law. The suit argued that the ban unfairly targeted individuals from Muslim-majority countries and prevented them from emigrating or traveling to the United States based solely on their nationality. This resulted in thousands of family separations, with loved ones being indefinitely separated and unable to reunite.
Federal Judge James Robart in Seattle issued an order temporarily blocking President Trump's Muslim Ban executive order nationwide, stating that it was an "unconstitutional Muslim ban". The Ninth Circuit Court of Appeals also upheld a nationwide temporary restraining order in the case of Washington v. Trump, preventing the enforcement of the ban. Additionally, the Fourth Circuit Court of Appeals ruled that the ban violated the Constitution's guarantee of religious freedom, stating that its purpose was to "exclude Muslims from the United States".
The Muslim Ban was ultimately superseded by Executive Order 13780, but it sparked widespread condemnation, protests, and legal challenges. The House also passed the NO BAN Act to prevent future Muslim bans and ensure that no president can enact similar discriminatory bans based on religion or nationality.
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It breaks the Establishment Clause of the US Constitution
The Muslim Ban, an executive order signed by former President Donald Trump, barred foreign nationals from seven predominantly Muslim countries from entering the United States for 90 days, suspended the entry of all Syrian refugees indefinitely, and prohibited any other refugees from entering the country for 120 days. This executive order was challenged in court by the ACLU and other organizations, who argued that it violated the US Constitution, specifically the Establishment Clause.
The Establishment Clause, as stated in the First Amendment, prohibits the government from establishing an official religion or favoring one religion over another. The Muslim Ban was seen as a form of intentional anti-Muslim discrimination, and thus a violation of the Establishment Clause. This argument was supported by the fact that the ban targeted Muslim-majority countries and had a detrimental impact on Muslim individuals and families, both in the US and abroad.
The Establishment Clause is structural in nature, meaning that it provides a basis for constitutional claims even when the government's actions occur outside of the US, such as at embassies, consulates, or ports of entry. This allowed individuals affected by the Muslim Ban, including US citizens and lawful permanent residents, to challenge the government's actions and assert their rights under the Establishment Clause.
In addition to the Establishment Clause, the Muslim Ban was also challenged on the basis of other constitutional provisions, including the First Amendment's Free Exercise Clause, the Fifth Amendment's guarantee of equal protection, and the Religious Freedom Restoration Act. These challenges argued that the ban infringed on religious freedom and equal treatment under the law, further reinforcing the argument that it broke the Establishment Clause by favoring one religion over another.
The Muslim Ban faced significant legal opposition, with courts blocking and refusing to reinstate the executive order. The ACLU and its partners played a crucial role in these legal challenges, highlighting the unconstitutional nature of the ban and protecting the rights of those affected.
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The ban violates the Constitution's guarantee of religious freedom
The Muslim Ban, officially known as Executive Order 13769, was an executive order by President Trump that restricted travel from Muslim-majority countries. The order lowered the number of refugees admitted into the United States, suspended the U.S. Refugee Admissions Program, and indefinitely suspended the entry of Syrian refugees.
The ban was challenged in court by the ACLU and other organizations, who argued that it violated the Constitution and federal law. The First Amendment to the U.S. Constitution prohibits the government from establishing a religion, and the ban was seen as targeting Muslims specifically. The Fifth Amendment guarantees equal treatment under the law, which the ban also violated by discriminating against people based on their religion or nationality.
In addition to violating the Constitution, the ban also broke federal laws. U.S. immigration laws do not allow the president to remove entire countries from the immigration system, and the president does not have the power to ban people from entering the country based on their religion or nationality. The ban was also criticized for causing family separations, blocking access to education, and preventing people from receiving life-saving healthcare.
Legal scholars and courts have debated the constitutionality of the ban, with some arguing that it violates the Establishment Clause of the Constitution, which prohibits the government from establishing a religion. The Supreme Court has never specifically decided whether a religious preference could be a valid basis for excluding people from entering the country, but it has upheld laws that discriminate based on race or nationality in the past.
The Muslim Ban was blocked by various courts and was superseded by Executive Order 13780, which shared the same title but was also blocked by a federal court. The NO BAN Act was later passed to prevent future Muslim bans and ensure that no president can ban people based on their religious affiliation.
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The ban is unconstitutional as it is based on nationality and not religion
The Muslim Ban, implemented in three versions since January 2017, restricted travel from Muslim-majority countries, excluding people from emigrating or traveling to the United States based on their nationality. This resulted in thousands of family separations. The ban was based on nationality and not religion, and as such, it was deemed unconstitutional.
The ban was introduced as Executive Order 13769, titled "Protecting the Nation from Foreign Terrorist Entry into the United States." It was in effect from January 27, 2017, until March 6, 2017, when it was superseded by Executive Order 13780, which shared the same title. The signing of the executive order resulted in widespread condemnation and protests, with critics referring to it as a "Muslim ban." This was because all the affected countries had a Muslim majority, and President Trump had previously called for a temporary ban on Muslims entering the United States.
The American Civil Liberties Union (ACLU) and other organizations challenged the ban in court, arguing that it violated the Constitution and federal law. They represented refugees, asylees, and Washington state residents who were unable to visit their families in their home countries due to the ban. The ACLU also joined affiliates in Montana and North Dakota to file a Freedom of Information (FOIA) request to learn how the Trump administration was interpreting and executing the ban.
Federal courts in multiple states, including Hawaii, Maryland, and Washington, blocked the ban, with judges ruling that it likely violated the Establishment Clause of the U.S. Constitution. The Establishment Clause prohibits the government from establishing a religion, and the ban was seen as targeting Muslims specifically. Additionally, the Fifth Amendment guarantees equal treatment under the law, which the ban also violated.
The NO BAN Act was passed to prevent future Muslim bans and ensure that no president can enact discriminatory bans based on religion or nationality. The Act changes the law to require that policies be based on evidence rather than broad-based fear and bigotry.
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Frequently asked questions
The Muslim Ban, also known as Executive Order 13769, was an executive order by President Trump to ban people from seven predominantly Muslim countries from emigrating or travelling to the United States.
The Muslim Ban breaks the Constitution's guarantee of religious freedom. It also violates the First Amendment's prohibition of the government's establishment of religion and the Fifth Amendment's guarantee of equal treatment under the law.
The ACLU and other organizations have filed lawsuits and FOIA requests to halt the ban. The No Ban Act was also passed to prevent future Muslim bans and ensure that no one is barred from the country based on their faith.
