The order prioritizes Christian refugees
Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.
As a general matter, this will give priority to Christian refugees over Muslim ones. Though framed in a neutral way, this part of the order may raise questions of religion-based discrimination. Mr. Trump has said that he means to favor Christian refugees.
That violates the First Amendment’s ban on government establishment of religion, according to David Cole, the legal director of the American Civil Liberties Union. “One of the critical questions with respect to the validity of executive action challenged under the Establishment Clause is its intent and effect,” he wrote in
a blog post. “If intended to disfavor a particular religion, it violates the Establishment Clause.”