Trump’s ban of Muslims is legal according to the US Constitution

By Ari Liberman, FPM

[..] Regardless of whether one agrees with Trump’s blanket Muslim ban or not – and I do not – there is no doubt that from a legal perspective, Trump is on solid footing and is empowered to enact such restrictions under federal law by virtue of Title 8 of the United States Code. 8 USC §1182(f) states in relevant part:

“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants…”

There is no ambiguity in the law and it leaves no room for doubt. If the Commander in Chief recognizes or perceives a danger, he may act in a manner consistent with Trump’s December 7thproclamation. Moreover, there is ample precedent for such action. On April 7, 1980, in response to the Iran hostage saga, Jimmy Carter issued a similar ban on the issuance of visas to Iranian nationals. [..]

December 15, 2015 | 1 Comment »

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