President Trump’s executive order banning travel to the United States from seven predominantly Muslim countries is being rightly challenged in the courts for, among other things, its unconstitutional interference with free exercise of religion and denial of due process. Overlooked in the furor is another troubling aspect of the situation: President Trump omitted from his ban a number of other predominantly Muslim nations where his company has done business. This adds further illegitimacy to one of the most arbitrary executive actions in our recent history, and raises significant constitutional questions.
The seven countries whose citizens are subject to the ban are relatively poor. Some, such as Syria, are torn by civil war; others are only now emerging from war. One thing these countries have in common is that they are places where the Trump organization does little to no business.
By contrast, other neighboring Muslim countries are not on the list, even though some of their citizens pose just as great a risk — if not greater — of exporting terrorism to the United States. Among them are Saudi Arabia, the United Arab Emirates and Egypt. A vast majority of people living in these countries, like the people living in the seven subject to the immigration ban, are peaceful and law abiding. But these three countries have exported terror to the United States in the past. They accounted for 18 of the 19 terrorists who perpetrated the Sept. 11 attack on American soil (an attack which was directed by another Saudi, Osama Bin Laden, with the assistance of an Egyptian, Ayman al-Zawahri).