There's no question that the law says that you cannot discriminate on the basis of nationality or place of origin. And that certainly helps the challengers. But like much else in this debate, much of that law has been distorted. It only takes you so far. First of all, the law doesn't apply to refugees.
Neal, the way the Immigration and Nationality Act is written, it mentioned an individual's place of birth or place of residence. It doesn't mention religion specifically. The executive order seemed to be narrowly tailored, trying to avoid the use of the word religion.
Nair told Business Insider that she has received several calls about whether or not Trump's ban applies to people who are currently in the US. The answer, Nair said, is straightforward: It does not.
Nair told Business Insider that it is also important to note that the ban does not apply to all visa categories. The ban temporarily suspends H-1B, H-2B, H-4, J-1, and L-1 visas.
Nair said that the proclamation left her with questions to ponder. She said that the proclamation doesn't clearly state whether or not the ban applies to individuals who previously had visas and are now stuck abroad.
The high court majority noted in its 2018 decision that the sole prerequisite set forth in immigration law is that the president show that entry of foreigners barred by an order “would be detrimental to the interests of the United States.” The standard of review used was low—all Trump had to do was show a “rational basis” for his ban.
What is certain is that the president will face pushback from businesses. The Information Technology Industry Council issued a statement in response to the president’s initial Twitter declaration, writing: