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ACLU says new Trump Muslim ban 2 executive order unconstitutional, to challenge in court

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WASHINGTON: President Donald Trump came out with another executive order banning the entry of Muslims in the US. The revised executive order is being termed as the Muslim ban 2.0.

Trump administration has made several changes in the new order, including removing the ban of Iraqi nationals’ entry in the US and lifting the ban on entry of people with Green card from the banned nations.

Another change that has been made with the revised executive order is that it will come into force from March 16 and not immediately, as was the case with the first executive order.

The revised executive order says, “In light of the conditions in these six countries, until the assessment of current screening and vetting procedures required by section 2 of this order is completed, the risk of erroneously permitting entry of a national of one of these countries who intends to commit terrorist acts or otherwise harm the national security of the United States is unacceptably high. Accordingly, while that assessment is ongoing, I am imposing a temporary pause on the entry of nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen, subject to categorical exceptions and case-by-case waivers, as described in section 3 of this order”.

Donald Trump

In a powerful response to Trump’s revised executive order, David Cole, Legal Director of ACLU in a statement said, “…it’s still religious discrimination in the pretextual guise of national security. And it’s still unconstitutional…As I’ve written before, Donald Trump has repeatedly made crystal clear his intent to ban Muslims from entering the United States. As a candidate, he repeatedly stated that he intended, if elected, to ban Muslim immigrants from entering the United States. He has never repudiated that commitment. When confronted with the fact that his proposal would violate the Constitution, President Trump said on “Meet the Press” on July 24, 2016, that he would use territory as a proxy for religion. And, when asked after his election victory whether he still intended to ban Muslim immigrants from the United States, President-elect Trump confirmed that was still the plan. Two days after the original executive order was issued, former New York City Mayor Rudy Giuliani, an advisor to President Trump, stated that then-candidate Trump had asked him for help in “legally” creating a “Muslim ban”; that, in response, Mr. Giuliani and others decided to use territory as a proxy; and that this idea is reflected in the signed order. There is overwhelming evidence that the most recent executive order was likewise intended to discriminate against Muslims.

Cole went on to add, “So the new executive order is, like the old executive order, intended to target Muslims. That intent violates the first principle of the Establishment Clause, which forbids the government from singling out particular religions for favor or disfavor. The fact that the government has repackaged the ban does not alter its intent or effect — to target members of a particular religion. And the purported national security justifications for doing so have been refuted by none other than the DHS itself”.

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