Jophiel wrote:
I don't think "We won't serve black customers from Georgia, Mississippi, North Carolina, South Carolina, Alabama or Tennessee -- but we'll serve black customers from the other 44 states" is a compelling argument for it not being racially motivated. It's not a question of whether or not you've universally banned a group, it's a question of whether that group is the (near-)exclusive focus in the areas you HAVE targeted. With the exemptions given in the order for "religious minorities" from Muslim-majority nations, that would seem to be the case.
Well it's not just religious minorities, there's other exceptions in there as well. They would also have to prove they're being religiously persecuted to be granted entry.
Trump's order wrote:
Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest — including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship — and it would not pose a risk to the security or welfare of the United States.
That seems to me to read more like an exemption for people with extreme hardship, more-so than a purely religiously-based exception. That said it could certainly play out as a purely religiously-based exception in practice. If it did, I could see how it could be ruled against in the future as being discriminatory. The fact that Trump's campaign language seemed to suggest that it may be interpreted and enforced that way again being the biggest problem here. If he had just chosen his language better I could see it merely being a potential concern, but the prior rhetoric is what really sets it in an alarming light.
Edit: Also should probably bring up the obvious problem that we have some extreme religious sects that have vowed to kill our people, and that inherently puts us in a sticky position of trying to balance non-discrimination and security. It's as if there's a bunch of black-only cults in Georgia, Mississippi, North Carolina, South Carolina, Alabama or Tennessee that have vowed to kill white people, and we're trying to be non-discriminatory by refusing entry to people from those states in general, and being extra wary of people that hold beliefs that are consistent with those cults.
Anyway, not a fun thing to try and write laws around. Even outside of this poorly-planned executive order it's a bit of a legal tightrope we've had to walk over the past decade plus.
Edited, Feb 15th 2017 10:50am by someproteinguy