Trump's 'extreme vetting' order may violate the Constitution

Critics of President Donald Trump's executive order barring refugees from seven Muslim-majority countries from entering the United States say it may be unconstitutional.

Trump's order, a version of which he introduced during the presidential campaign, calls for the "extreme vetting" of migrants and refugees from Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen.

"We want to ensure that we are not admitting into our country the very threats our soldiers are fighting overseas," Trump said as he signed the order from the Pentagon on Friday. "We only want to admit those into our country who will support our country and love deeply our people."

See images of protests to the ban:

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Protests to Donald Trump's refugee ban
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Protests to Donald Trump's refugee ban
NEW YORK, UNITED STATES - JANUARY 28: Immigration activists stage a protest against President Donald Trump's 90-days ban of entry on 7 Muslim-majority countries in JFK airport in New York, U.S.A on January 28, 2017. (Photo by Mohammed Elshamy/Anadolu Agency/Getty Images)
Protestors rally during a demonstration against the Muslim immigration ban at John F. Kennedy International Airport on January 28, 2017 in New York City. President Trump signed the controversial executive order that halted refugees and residents from predominantly Muslim countries from entering the United States. (Photo by Zach D Roberts/NurPhoto via Getty Images)
NEW YORK, UNITED STATES - JANUARY 28: Activists stage a rally against President Donald Trump's 90-days ban of entry on 7 Muslim-majority countries in the Fourth terminal of JFK airport in New York, U.S.A on January 28, 2017. (Photo by Mohammed Elshamy/Anadolu Agency/Getty Images)
Protestors rally during a demonstration against the Muslim immigration ban at John F. Kennedy International Airport on January 28, 2017 in New York City. President Trump signed the controversial executive order that halted refugees and residents from predominantly Muslim countries from entering the United States. (Photo by Zach D Roberts/NurPhoto via Getty Images)
NEW YORK, UNITED STATES - JANUARY 28: Immigration activists stage a protest against President Donald Trump's 90-days ban of entry on 7 Muslim-majority countries in JFK airport in New York, U.S.A on January 28, 2017. (Photo by Mohammed Elshamy/Anadolu Agency/Getty Images)
NEW YORK, NY - JANUARY 28: Protestors rally during a demonstration against the new immigration ban issued by President Donald Trump at John F. Kennedy International Airport on January 28, 2017 in New York City. President Trump signed the controversial executive order that halted refugees and residents from predominantly Muslim countries from entering the United States. (Photo by Stephanie Keith/Getty Images)
Protesters gather at JFK International Airport against Donald Trump's executive order on January 28, 2017 in New York. US President Donald Trump has signed a sweeping executive order to suspend refugee arrivals and impose tough controls on travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. Trump boasted Saturday that his 'very strict' crackdown on Muslim immigration was working 'very nicely,' amid mounting resistance to the order which has been branded by many as blatantly discriminatory. / AFP / Bryan R. Smith (Photo credit should read BRYAN R. SMITH/AFP/Getty Images)
Protesters gather at JFK International Airport against Donald Trump's executive order on January 28, 2017 in New York. US President Donald Trump has signed a sweeping executive order to suspend refugee arrivals and impose tough controls on travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. Trump boasted Saturday that his 'very strict' crackdown on Muslim immigration was working 'very nicely,' amid mounting resistance to the order which has been branded by many as blatantly discriminatory. / AFP / Bryan R. Smith (Photo credit should read BRYAN R. SMITH/AFP/Getty Images)
New York City Council Member Carlos Menchaca addresses a crowd during an anti-Donald Trump immigration ban protest outside Terminal 4 at John F. Kennedy International Airport in Queens, New York, U.S. January 28, 2017. REUTERS/Andrew Kelly
A crowd gathers during an anti-Donald Trump immigration ban protest outside Terminal 4 at John F. Kennedy International Airport in Queens, New York, U.S. January 28, 2017. REUTERS/Andrew Kelly
People gather during an anti-Donald Trump immigration ban protest outside Terminal 4 at John F. Kennedy International Airport in Queens, New York, U.S. January 28, 2017. REUTERS/Andrew Kelly
Protesters gather at JFK International Airport's Terminal 4 to demonstrate against US President Donald Trump's executive order on January 28, 2017, in New York. Trump has signed a sweeping executive order to suspend refugee arrivals and impose tough controls on travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. / AFP / Bryan R. Smith (Photo credit should read BRYAN R. SMITH/AFP/Getty Images)
Protesters gather at JFK International Airport's Terminal 4 to demonstrate against President Donald Trump's executive order on January 28, 2017, in New York. Trump has signed a sweeping executive order to suspend refugee arrivals and impose tough controls on travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. / AFP / Bryan R. Smith (Photo credit should read BRYAN R. SMITH/AFP/Getty Images)
Protesters gather at JFK International Airport's Terminal 4 to demonstrate against US President Donald Trump's executive order on January 28, 2017, in New York. Trump has signed a sweeping executive order to suspend refugee arrivals and impose tough controls on travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. / AFP / Bryan R. Smith (Photo credit should read BRYAN R. SMITH/AFP/Getty Images)
Protesters gather at JFK International Airport's Terminal 4 to demonstrate against President Donald Trump's executive order on January 28, 2017, in New York. Trump has signed a sweeping executive order to suspend refugee arrivals and impose tough controls on travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. / AFP / Bryan R. Smith (Photo credit should read BRYAN R. SMITH/AFP/Getty Images)
Protesters gather at JFK International Airport's Terminal 4 to demonstrate against President Donald Trump's executive order on January 28, 2017, in New York. Trump has signed a sweeping executive order to suspend refugee arrivals and impose tough controls on travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. / AFP / Bryan R. Smith (Photo credit should read BRYAN R. SMITH/AFP/Getty Images)
Protesters gather at JFK International Airport's Terminal 4 to demonstrate against President Donald Trump's executive order on January 28, 2017, in New York. Trump has signed a sweeping executive order to suspend refugee arrivals and impose tough controls on travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. / AFP / Bryan R. Smith (Photo credit should read BRYAN R. SMITH/AFP/Getty Images)
Demonstrators hang a banner from a multi-level car park during a protest against Donald Trump's travel ban outside Terminal 4 at John F. Kennedy International Airport in Queens, New York, U.S., January 28, 2017. REUTERS/Andrew Kelly
People participate in a protest against Donald Trump's travel ban outside Terminal 4 at John F. Kennedy International Airport in Queens, New York, U.S., January 28, 2017. REUTERS/Andrew Kelly
NEW YORK, NY - JANUARY 28: Protestors rally during a demonstration against the Muslim immigration ban at John F. Kennedy International Airport on January 28, 2017 in New York City. President Trump signed the controversial executive order that halted refugees and residents from predominantly Muslim countries from entering the United States. (Photo by Stephanie Keith/Getty Images)
NEW YORK, NY - JANUARY 28: Protestors rally during a demonstration against the Muslim immigration ban at John F. Kennedy International Airport on January 28, 2017 in New York City. President Trump signed the controversial executive order that halted refugees and residents from predominantly Muslim countries from entering the United States. (Photo by Stephanie Keith/Getty Images)
BOSTON, MA - JANUARY 28: Hundreds of people gathered for a rally at the Chinatown Gate in Boston and marched to the State House in a demonstration against President Trump's new immigration order the day after it was issued, Jan. 28, 2017. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON, MA - JANUARY 28: Tori Furtado, from Boston, kneels down to write a sign that reads, 'Love has no borders,' in front of the Chinatown Gate, where hundreds gathered for a rally before marching to the State House in a demonstration against President Trump's new immigration order the day after it was issued, Jan. 28, 2017. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON, MA - JANUARY 28: Hundreds of people gathered for a rally at the Chinatown Gate in Boston and marched to the State House in a demonstration against President Trump's new immigration order the day after it was issued, Jan. 28, 2017. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON, MA - JANUARY 28: Hundreds of people marched down Kneeland Street in Boston after gathering for a rally at the Chinatown Gate in Boston before walking to the State House in a demonstration against President Trump's new immigration order the day after it was issued, Jan. 28, 2017. (Photo by John Tlumacki/The Boston Globe via Getty Images)
NEW YORK - JANUARY 28: Nydia Velazquez seen as protesters gather in a demonstration against President Trumps executive order barring immigrants and refugees from certain predominantly Muslim countries outside JFK airport terminal 4 on January 28, 2017 in New York City. PHOTOGRAPH BY Joel Sheakoski / Barcroft Images London-T:+44 207 033 1031 E:hello@barcroftmedia.com - New York-T:+1 212 796 2458 E:hello@barcroftusa.com - New Delhi-T:+91 11 4053 2429 E:hello@barcroftindia.com www.barcroftimages.com (Photo credit should read Joel Sheakoski / Barcroft Images / Barcroft Media via Getty Images)
NEW YORK - JANUARY 28: Protesters gather in a demonstration against President Trumps executive order barring immigrants and refugees from certain predominantly Muslim countries outside JFK airport terminal 4 on January 28, 2017 in New York City. PHOTOGRAPH BY Joel Sheakoski / Barcroft Images London-T:+44 207 033 1031 E:hello@barcroftmedia.com - New York-T:+1 212 796 2458 E:hello@barcroftusa.com - New Delhi-T:+91 11 4053 2429 E:hello@barcroftindia.com www.barcroftimages.com (Photo credit should read Joel Sheakoski / Barcroft Images / Barcroft Media via Getty Images)
NEW YORK - JANUARY 28: Protesters gather in a demonstration against President Trumps executive order barring immigrants and refugees from certain predominantly Muslim countries outside JFK airport terminal 4 on January 28, 2017 in New York City. PHOTOGRAPH BY Joel Sheakoski / Barcroft Images London-T:+44 207 033 1031 E:hello@barcroftmedia.com - New York-T:+1 212 796 2458 E:hello@barcroftusa.com - New Delhi-T:+91 11 4053 2429 E:hello@barcroftindia.com www.barcroftimages.com (Photo credit should read Joel Sheakoski / Barcroft Images / Barcroft Media via Getty Images)
NEW YORK - JANUARY 28: Protesters gather in a demonstration against President Trumps executive order barring immigrants and refugees from certain predominantly Muslim countries outside JFK airport terminal 4 on January 28, 2017 in New York City. PHOTOGRAPH BY Joel Sheakoski / Barcroft Images London-T:+44 207 033 1031 E:hello@barcroftmedia.com - New York-T:+1 212 796 2458 E:hello@barcroftusa.com - New Delhi-T:+91 11 4053 2429 E:hello@barcroftindia.com www.barcroftimages.com (Photo credit should read Joel Sheakoski / Barcroft Images / Barcroft Media via Getty Images)
Protesters gather at JFK International Airport's Terminal 4 to demonstrate against President Donald Trump's executive order on January 28, 2017, in New York. Trump has signed a sweeping executive order to suspend refugee arrivals and impose tough controls on travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. / AFP / Bryan R. Smith (Photo credit should read BRYAN R. SMITH/AFP/Getty Images)
Protesters gather outside Terminal 4 at JFK airport in opposition to U.S. president Donald Trump's proposed ban on immigration in Queens, New York City, U.S., January 28, 2017. REUTERS/Stephen Yang
Port Authority Police Department block an entrance as protesters gather outside Terminal 4 at JFK airport in opposition to U.S. president Donald Trump's proposed ban on immigration in Queens, New York City, U.S., January 28, 2017. REUTERS/Stephen Yang
Protesters gather outside Terminal 4 at JFK airport in opposition to U.S. president Donald Trump's proposed ban on immigration in Queens, New York City, U.S., January 28, 2017. REUTERS/Stephen Yang
NEW YORK, UNITED STATES - JANUARY 28: Immigration activists stage a protest against President Donald Trump's 90-days ban of entry on 7 Muslim-majority countries in JFK airport in New York, U.S.A on January 28, 2017. (Photo by Mohammed Elshamy/Anadolu Agency/Getty Images)
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The order bans refugees from entering the US for 120 days. Syrians have been banned indefinitely, and asylum-seekers from six Muslim-majority countries — Sudan, Iraq, Iran, Libya, Somalia, and Yemen — have been barred entry for at least the next three months.

Not all refugees will be banned, however. In an interview with the Christian Broadcasting Network on Friday, Trump said that Christian refugees will be given priority.

"They've been horribly treated," the president said during the interview. "And I thought it was very, very unfair. So we are going to help them."

Trump's executive order has prompted an outcry from critics, who claim it violates the First Amendment's Establishment clause — which prohibits the establishment of a national religion by Congress —and the Due Process clause, which safeguards against arbitrary denial of life, liberty, or property by the government outside of the law.

"This order is unconstitutional" and targets Muslim-majority countries, Mark Doss, a lawyer who represents refugees, told reporters outside of John F. Kennedy airport in New York on Saturday.

Two of Doss' clients, Iraqis with valid visas and ties to the US government, had been detained at JFK on Friday night.

"We have filed an emergency motion to prevent the US government from sending our clients, and people like them, from being sent back to countries where they will be in danger." That, Doss argued, would be "a violation of international law."

See more related to this story:

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Life as a Muslim family in America
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Life as a Muslim family in America
STERLING, VA - JUNE 1:Tasneem Moiz, 8-months, plays in the beard of her maternal grandfather, Khalid Iqbal, at the home of Iqbal's daughter, Sadaf Iqbal, on June 1, 2011, in Sterling, VA. Ibrahim Moiz, a Muslim American of Indian descent, and Sadaf Iqbal, a Pakistani-American, are raising three daughters ranging in age from 4-years-old to 8-months-old. Moiz also acts as a mentor to a couple of teenagers, trying to bridge the gap between the ways of the teen's foreign-born parents and U.S. customs.(Photo by Jahi Chikwendiu/The Washington Post via Getty Images)
STERLING, VA - MAY 31: Ibrahim Moiz, 2nd from L, reads to his middle daughter, Maryam, 2, as his other daughters, Tasneem, 8mo, and Asiyah, 4, entertain themselves at Moiz's home on May 31, 2011, in Sterling, VA. Moiz, a Muslim American of Indian descent, and his wife Sadaf Iqbal, a Pakistani-American, are raising three daughters ranging in age from 4-years-old to 8-months-old. Moiz also acts as a mentor to a couple of teenagers, trying to bridge the gap between the ways of the teen's foreign-born parents and U.S. customs. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)
STERLING, VA - MAY 31: Ibrahim Moiz, C, leads his two older daughters, Maryam, 2, L, and Asiyah, 4, to their bedroom near bedtime at their home on May 31, 2011, in Sterling, VA. Moiz, a Muslim American of Indian descent, and Iqbal, a Pakistani-American, are raising three daughters ranging in age from 4-years-old to 8-months-old. Moiz also acts as a mentor to a couple of teenagers, trying to bridge the gap between the ways of the teen's foreign-born parents and U.S. customs. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)
STERLING, VA - JUNE 1: Sadaf Iqbal, R, receives her daughter, Maryam, 2, with open arms at the family's home on June 1, 2011, in Sterling, VA. Behind them is a wallhanging that bears a famous quote from the Qur'an called the 'Verse of the Throne' done by a Chinese Muslim master calligrapher named Haji Noor Deen. Iqbal, a Pakistani-American, and her husband, Ibraham Moiz, a Muslim American of Indian descent, are raising three daughters ranging in age from 4-years-old to 8-months-old. Moiz also acts as a mentor to a couple of teenagers, trying to bridge the gap between the ways of the teen's foreign-born parents and U.S. customs. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)
STERLING, VA - MAY 31: Ibrahim Moiz, R, gives his daughter, Asiyah, 4, a high-five for using proper manners at the snack table as Moiz's wife, Sadaf Iqbal, L, works on the computer at their home on May 31, 2011, in Sterling, VA. Moiz, a Muslim American of Indian descent, and Iqbal, a Pakistani-American, are raising three daughters ranging in age from 4-years-old to 8-months-old. Moiz also acts as a mentor to a couple of teenagers, trying to bridge the gap between the ways of the teen's foreign-born parents and U.S. customs. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)
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The American Civil Liberties Union has signaled that it will sue the Trump Administration, and the Council on American-Islamic Relations has done the same, saying that Trump's reasoning involves a "religious motive" that is unconstitutional.

Legal precedent has some scholars and Trump critics worried that the Supreme Court may uphold the refugee ban because it falls within the boundaries of immigration law. In the 1972 case Kleindienst v. Mandel, the Court ruled that the White House could implement immigration restrictions if it had "facially legitimate and bona fide" reasons for doing so.

Congress, moreover, commands a great deal of power over US immigration policy. If the legislative branch is in line with Trump's executive actions, they may prove difficult to challenge in court.

The ban also does not explicitly mention "Islam" or "Muslims," so it could be shielded from legal challenges arguing that it violates the Constitution's guarantees of religious freedom and due process.

SEE ALSO: 'I am heartbroken': Nobel Prize winner Malala Yousafzai condemns Trump's refugee ban
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