"The Council on American-Islamic Relations (CAIR) called the order “ideologically motivated,” “unnecessary,” and “overbroad,” criticizing its chilling effect on lawful travel, academic exchange, and humanitarian reunification.
Legal scholars have started to question the constitutionality of this policy. More specifically, they contend that the Equal Protection Clause of the Fourteenth Amendment prohibits governments from denying equal legal protection, while the Establishment Clause of the First Amendment forbids favouring or disfavoring any religion. Critics argue that Trump’s policy, which targets specific nations commonly associated with certain religions, risks violating both clauses by enabling discrimination based on nationality and faith. Additionally, the Immigration and Nationality Act of 1965 abolished national origin quotas to prevent such bias. By reinstating restrictions linked to religious or national identity, opponents claim the policy mirrors discriminatory practices that the law aimed to eliminate."