Trump’s executive order states:
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. Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.
It seems as if the order prioritizes one religion over another. Isn’t this considered a religious test? Does the establishment clause apply to the entrance of immigrants? Why didn’t the Solicitor General of Washington make this argument?
Honest questions here. What am I missing?