The argument against the first one and probably this one also, is that another section of the same code prohibits discrimination, the court agreeing with that argument and ignoring that such an application renders the section Trump sited unworkable.
Hence the need of a higher law, which we have and which Trump must site IMO: the Constitution, in this case Art IV, Sec 4, which overrides flawed federal code (per the Supremacy Clause, Art VI, Cl 2).
The only way the judge can find discrimination is to assume facts not in evidence.