Donald Trump’s victory in the presidential race last night has left many Muslims questioning their future in this country, since Trump has previously advocated a ban against all Muslims entering the U.S. This article seeks to shed some light onto whether Trump’s promise could actually become a reality.
Is a religion-based ban legal? It is quite possible that Trump’s proposal for a religion-based ban is unconstitutional. It would most likely not pass the test of U.S. constitutional guarantees of due process, religious freedom, and equal protection, and would likely be struck down by the Supreme Court if he attempted to implement it by presidential decree. While a ban on immigrants from certain countries has some historical precedent, Trump’s proposed plan would go beyond that, targeting not just a country or a region of the world but also a religion, which no U.S. president has done in recent history.
Is Trump likely to stand behind his promise? More recently, Trump has altered his stance regarding a ban on all Muslims. He has since clarified his stance to say that America will not admit those who “support bigotry and hatred” or have “hostile attitudes to the U.S.” A a spokeswoman from his campaign, went on the record this summer saying that Trump no longer supports a blanket ban and only seeks to ban Muslims from terror states. This shift in language from the Muslim religion to “dangerous and volatile regions that export terrorism” has been reflected on Trump’s campaign website as well, and could bode well for countries that are not traditionally associated with terrorism.
Is this plan practical, even if it does pass? In reality, an officer could not identify immigrants by religion unless the immigrant chose to divulge his faith or unless the officer spent the time to look into the immigrant’s religious history in his native country. This interrogation strategy would be extremely difficult and time-consuming to implement, with no guarantee that the immigrant's true religious background has been identified. Security and immigration officials have gone as far to say that the personal interrogation required for a religion-based ban would essentially be "unworkable" and an "impossibility"
Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is dedicated in its advocacy and community involvement efforts towards achieving effective comprehensive immigration policy reform. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.