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  1. Refugee Group Urges Supreme Court to Reject Trump's "Discriminatory, Anti-Muslim and Anti-Refugee" Policies Before Muslim Ban Argument. Roger Algase

    In connection with the beginning of oral argument before the Supreme Court dealing with the latest version of Trump's Muslim Ban, Oxfam America, a refugee assistance organization, has issued a statement including the following language:

    "Today's Supreme Court case is a moment of reckoning as to whether the US will remain an inclusive, welcoming place for people of all faiths and origins, or whether the US will choose to slam its door on the basis of religion.

    Oxfam has long opposed President Trump's anti-Muslim and anti-refugee rhetoric and policies. While the legal form of the various bans may have evolved over time, the discriminatory anti-Muslim and anti-refugee sentiment behind them is clear."

    After pointing out that admission of Muslim refugees has fallen to historic lows under the Trump administration, Oxfam's statement continues:

    "We are shocked and appalled by the administration's attempt to undermine the refugee resettlement program and its continued attempts to block entry of those from Muslim-majority nations...

    "Discriminating on the basis of religion is un-American, and we hope the Supreme Court upholds this core value."

    The full statement is available at

    It is not only the principle of religious freedom as guaranteed by the US constitution that is at stake in the Muslim Ban case. The supremacy of the rule of law in America is also at stake, as opposed to the administration's claim of unlimited presidential power to exclude immigrants for almost any reason whatsoever, no matter how arbitrary, capricious, bad faith, or openly bigoted the motivation for such exclusion may be.

    In the light of a recent federal court decision enjoining Trump's ban against military service by another target of Trump's discrimination, namely transgender people, on the grounds that they are a "protected class" because of the long history of prejudice against LGBT's in America, it is also worth exploring whether Muslims, both immigrants and US citizens, and, beyond that, non-white immigrants in general, should be treated as a protected class with respect to whom governmental action affecting their rights should be scrutinized very carefully by the courts.

    See Karnoski v. Trump, W.D. Washington, April 18, 2018.

    This question will be discussed in greater detail in my forthcoming comment.

    Roger Algase
    Attorney at Law

    Updated 04-25-2018 at 12:48 PM by ImmigrationLawBlogs

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