A federal judge has ordered the Trump administration to hand over a memo drafted with guidance from former New York Mayor Rudy Giuliani outlining a proposed new travel ban designed to be more “palatable” to the public as well as legally sound.

The latest draft is designed so that it does not obviously target Muslims, in the way that the first controversial ban – ruled unlawful by several judges – was considered to do.

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He was reportedly instructed during the campaign to form a commission tasked with drawing up a “Muslim ban” that appeared legally sound, according to papers filed in court by the Arab American Civil Rights League. The commission recommended that nationality “be used as a proxy for religion” according to the filing in Detroit by the group.