The fundamental question posed by the court order is; does someone sitting in Yemen have the right to enter the United States of America? Or does the US get to decide who enters and who doesn’t? Can our decision to allow people into the US be based on the foreigner’s political, racial, religious and national origin? Since we have to limit the number of people who enter the US annually, what should be the criteria of the people we do allow into the US? Should they be poor people without resources or marketable skills? Should they be people with religious back grounds who conflict with our own national history, our national identity, our national culture, our national interest and with democracy?
The answer is, that for the past 200 years the United States has picked and chose people to enter the US based on all of those factors. The US government banned Germans, Italians and Japanese from entering the US during World War II based solely on national origin. We limit the total number of immigrants allowed in annual, so we must pick and choose.