The 5th Amendment extends to folks outside the US? The order targets citizens of 6 nations who do not currently have visas or green cards. The court didn't like that they we all Muslim majority nations. Despite that 90% of the worlds Muslims are not affected by the  order , the court's insist it is a Muslim ban. They base this on not what is in the order but on Trump's campaign rhetoric. Scalia looked at original sources to try to divine the meaning of any given part of the Constitution . The courts here are not looking for what the Constitution means. . These rulings had nothing to do with that unless you believe that there is something in these sources that extend rights to folks outside the US. Any harm done to someone in the United State seems temporary as the order is. Again- this order , as written, is no different than orders signed by Presidents of both parties.