In a May 11 story, Bloomberg reports that a federal judge in Detroit, Victoria Roberts, has ordered the Trump administration to turn over a memo drafted under the guidance of Rudy Giuliani which allegedly outlined a way to make Trump's proposed ban on entry to the US from selected almost 100 per cent Muslim Countries (often misleading called a "Travel Ban" by the media - Trump's memos ban much more than that) look as if it was not directed against the Muslim religion, but only against certain nationalities.

According to the Bloomberg report, a court filing by the Arab American Civil Rights League in the lawsuit before Judge Roberts alleges the following:

"While running for president, Donald Trump asked Giuliani to form a commission that would help draft a 'Muslim ban' to 'show him the right way to do it legally'...The commission then recommended that 'nationality be used as a proxy for religion' ..."

If this memo is ever actually produced, and if it shows that the above allegation is accurate, this would be one more piece in the already large and apparently still growing jigsaw puzzle of bad faith on the part of the president in promulgating the entry ban orders and attempting to defend the latest one in the US 4th Circuit Court of Appeals.

It should not come as any surprise that the president is so desperate to claim unlimited executive power to bar anyone he wants from coming to the US under the mantle of INA Section 212(f) and to resist any effort by the courts to hold him to the basic requirement of good faith set forth by the Supreme Court in Kleindienst v. Mandel (1972).

The egregious lack of good faith shown by the history of Trump's latest six Muslim country ban is also discussed at length in the amicus brief of constitutional law scholars filed with the 4th Circuit which I refer to in my May 11 comment

It is also worthy of note that this would not be the first time in US immigration law history that barring immigrants based "national origin" has been used as a pretext for doing so on the basis of religion or ethnicity.

One need look no further than the notorious "national origins" Immigration Act of 1924, whose legislative history showed beyond any possible doubt (as virtually all historians agree) that nationality was only an excuse to bar unwanted Jews, Catholics and most of the world's other non-"Nordic" immigrants from coming to the United States.
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, Roger has been helping mainly skilled and professional immigrants receive work visas and green cards without regard to their religion, ethnicity or national origin. Roger's email address is