Think about it like this, why do we still use Guantanamo Bay? We use it because we can keep dangerous criminals off US soil where they don't have any of the rights afforded to US citizens (habeas corpus, speedy trial, etc.)
Those are all extremely convincing reasons to get rid of Gitmo. Not to mention the fact that a scarily large number of people held there
are strictly not even terrorists. They're just random Arabs picked up on battlefields and hauled off to Cuba.
This is the kind of nasty stuff that happens when people make excuses for when the constitution 'doesn't apply'.
Also, to say that the immigration ban is discriminatory on the basis of religion is like saying affirmative action is tribal.
Literally speaking, affirmative action
is tribal. I agree in principle that it's a good thing to raise up disadvantaged groups, but affording opportunities to people strictly on the basis of race - is
tribal. I don't think it's nearly as big of a deal as salty college students claim that it is, but it's probably not the right way to address the achievement gap.