By HUB Staff–
On Jan. 30, California filed a lawsuit against Trump over executive order 13769.
Reem Awad-Rashmawi is a self-employed immigration lawyer, and says that there a few potential unconstitutional and illegal aspects of the order.
First, there is what is known as the “Establishment Clause”– which prohibits the federal government from making laws favoring one religion versus another. It also prohibits the government from discriminating against a religion.
The order might also violate the right to due process and possibly go against the Immigration and Naturalization Act of 1965, which eliminated an immigration system based on national origins.
“Constitutional rights are different for those in US jurisdiction and those abroad,” Awad-Rashmawi said. “There were Constitutional questions for those who entered who were initially deprived the right to attorneys (5th amendment violations) and removed from the US – those with immigrant v. non-immigrant visas, etc.”
Lawyer Andrew Shalaby of East Bay Law filed the suit on behalf of the State of California, claiming the order violates the Constitution. Several other states, including Virginia, Massachusetts, Washington, Hawaii and New York, as of the writing of this article, have followed.