Unless you've been living under a rock, you know about the Executive Order signed by POTUS determining an Immigration Ban, specifically regarding Muslims. If you don't know (or don't really understand what's going on) here's a quick run-down:
1) On Friday, January 27, President Trump signed an Executive Order saying (basically):
A) 7 Muslim predominant countries (Iran, Iraq, Syria, Yemen, Sudan, Somalia, and Libya) are banned from entering the US for the next 90 days
B) That all refugees (even those granted refugee status before the EO was signed) are suspended from entering the US for 120 days
C) Refugees from Syria are suspended from coming to the U.S. indefinitely.
2) Even those with visas are prohibited from re-entering the U.S.
3) That these actions were not to help any party against the U.S. and were put in place to protect American citizens. This is particularly interesting since it's explicitly stated in the EO under Sec 11, however, ISIS has claimed this will help them recruit more members, and that they "thank God" for Trump.
4) Late Saturday night, Judge Ann Donnelly, appointed by former President Obama, blocked part of the EO, granting an emergency stay, for those already in the U.S. (being illegally detained in airports nationwide), those who are in transit, and those whole hold visas.
There has been a public outcry about this ban, and although Trump is claiming "Everything is going fine" and that "It's just a few people", millions of U.S. citizens are protesting, and teaming up with organizations like the ACLU to help those affected by the EO. The ACLU has also filed a class action lawsuit against the EO and President Trump.
And while all these protests, and those working urgently and diligently to help those affected by the EO give me hope, I'm still very angry, and will continue to be angry.
But I'm also confused. Because according to the Constitution, this EO is literally illegal.
Under the Equal Protection Clause (EPC) guaranteed by the 14th Amendment, aliens, that is to say, noncitizens of the United States, are protected from discrimination such as the EO. The Supreme Court Case of Yick Wo v. Hopkins (1886), said "The Fourteenth Amendment to the Constitution, is not confined to the protection of only citizens...[Its] provisions are universal in their application to ALL persons within the territorial jurisdiction without regard to any differences of race, of color, or of nationality; and the equal protection of the laws is a pledge of the protection of equal laws".
And while the Supreme Court has not always held that everyone, no matter of race, nationality, religion, gender or sexuality should be equally protected, (see Dred Scott v. Sanford (1819), a stain on our nation's history as big as this one will be), they have now ascertained that everyone is protected.
Here that Donald Trump? Literally everyone.
But since you're racist and xenophobic, and a whole lot of other things, you probably don't like the 14th Amendment, and want to disqualify it. BUT, if you take a look at the Fifth Amendment, giving rights to criminal and civil legal proceedings, you'll see that the Supreme Court has held that it protects aliens from unjustified discrimination.
Even if POTUS tries to hold that he's right, in court, he and the government have the burden of proof; basically meaning they have to prove that the EO is a justifiable mean to accomplish their goal. And while the Supreme Court only has 8 justices on it right now, if tried, I'm fairly confident it would swing a 7-2 vote, ruling it unconstitutional.
Now I'm not saying I'm better than DT but I did just figure all of this out with only 3 weeks of a Constitutional Law class, and 30 minutes spent alone with the Constitution.
In conclusion?
This EO is:
Infringing on basic human rights
Denying sanctuary to those in need
Destroying our relationships with every country DT doesn't have a company in
Not actually helping to end terrorism
And oh yeah -- it's unconstitutional.
If we all take a stand and fight back against this EO, it will be overruled and declared illegal. Maybe it will get POTUS impeached.
Either way, we have to take a stand and help our Muslim brothers and sisters. Because, an attack on one of us? Is an attack on all of us.
