Trump has repeatedly stated that his order is intended to target Muslims. As a candidate, he advocated a “total and complete shutdown of Muslims entering the United States.”
When he switched to a “territorial” approach targeting citizens of Muslim-majority nations, he called it an “expansion” of his earlier strategy, and
repeatedly equated the two.
Courts promptly struck down Trump’s first travel ban order. They also struck down his second order. Travel Ban 3.0 is a direct outgrowth of its two predecessors. Indeed, it is even worse, because it is permanent instead of lasting for only 90 days.
The president’s defenders can no longer claim that the policy is a just a temporary measure needed to give time to review vetting procedures.
The inclusion of North Korea and Venezuela in Travel Ban 3.0 does not change its anti-Muslim focus. Almost no North Koreans enter the U.S., and the Venezuela exclusion applies only to a few government officials and their families.
Neither does it matter that the travel ban does not cover all the Muslims in the world. What matters is that the vast majority of those excluded are Muslim, and they have been barred precisely because of their religion.
An employer who repeatedly announced he wanted to avoid hiring African-Americans could not make his policies legal by targeting applicants who live in majority-black neighborhoods, even though such a rule would not exclude all blacks and would bar some whites.