Here is a list of 5 infringements against the Constitution put together by a group of Law professors specializing in the constitution:
1. Equal Protection. This order raises discrimination concerns surrounding the Equal Protection Clause of the 14th Amendment, singling out individuals for their religion and nationality by focusing on seven predominantly Muslim countries. Additionally, our immigration
laws already forbid such discrimination in issuing visas.
2. First Amendment. The order raises religious freedom concerns, including issues surrounding the ban on government establishment of religion. The law suspends admission of all refugees but asks the secretary of homeland security to “prioritize refugee claims” by members of a “minority religion” in a given country. This effectively means explicitly deprioritizing Muslim refugees in majority-Muslim countries. As Mark Joseph Stern has
explained, the apparent preference for Christians of the order itself as well as Trump’s long history of comments supporting a “
Muslim ban” will not help the law’s success in the courts.
3. Due Process. The procedures used to enforce the order, if they can be called procedures, are arbitrary. Past Supreme Court cases have permitted individuals to be excluded at the border but only after some modicum of individualized review and administrative process, authorized by laws and regulations. A lack of due process under the Fifth and 14th amendments for those affected should not be hard to show, considering the hasty, sweeping changes enacted without administrative process or legislation, confusion on the ground, and reports of
outright refusal to follow court orders. Moreover, green card holders have enhanced rights compared to non-green card holders against arbitrary treatment.
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4. Habeas Corpus. Lawyers at airports have been filing habeas corpus petitions around the clock for people being detained. In recent years, the Supreme Court strengthened the protections of habeas corpus for noncitizens repeatedly in rulings in cases brought by Guantánamo detainees.
Zadvydas v. Davis. The national security or “plenary” power over immigration did not faze the justices in such rulings.
5. Family Reunification Rights.* The tragic stories of separated families bring out yet another constitutional right at stake that few have commented on: The Supreme Court has repeatedly recognized the importance of the fundamental right to family relationships. Family reunification is also of primary importance in immigration law.
The Supreme Court’s ruling in
Obergefell v. Hodges emphasized how multiple constitutional rights magnified the harm of denying same-sex couples the right to marry. “The Due Process Clause and the Equal Protection Clause are connected in a profound way,” Justice Anthony Kennedy wrote for the majority. The constitutional violations in that case were made worse because there was discrimination—over something as important as the fundamental right to marry. Today, these constitutional violations are worse because the order discriminates on the basis of religion, nationality, and ethnicity, over rights as important as due process, the right to family relationships, and the
right not to be excluded unlawfully. The equal protection, due process, First Amendment, habeas, and fundamental rights violations that we describe are important standing along but even more devastating to the legality of the order when seen in tandem. As we have written in a 2015
article, constitutional rights magnify their power when they share reinforcing interests.
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There will always be cases where national security interests outweigh constitutional rights. But those should be handled on a case-by-case basis and not as a ban that stereotypes and discriminates against an entire group of people. Lawmakers should step in to reaffirm through legislation that national security regulation can be done right, and constitutionally.
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src: http://www.slate.com/articles/news_and_politics/jurisprudence/2017/01/here_are_all_the_parts_of_the_constitution_trump_s_muslim_ban_violates.html
The above is far from exhaustive... IMO
International:
There is clear breaches of International Law regarding the Geneva conventions which the USA has voluntarily entered into since 1957
Declared by the UN as mean spirited and Illegal as per international Human rights Law.
Further as a reaction to the executive order issued by Trump, and how this order was further reinforced as intended and valid by the sacking of the AG who attempted to mitigate the disaster about to unfold, Trump, after being informed of the EU's concern refused to rescind his order thus further validating and demonstrating his
deliberate and culpable intent. ( doing so with full knowledge of consequence)
The EU President has declared:
"Trump a threat to the European Union equal to Russia, China, Radical Islam and the war on terror.
