Back to the complete issue
Thursday, 16 June 2016

Can Donald Trump legally bar Muslims from entry into the United States?

The potential legal justifications Donald Trump could use to ban Muslims from the United States: Two complementary pieces were published this week attempting to identify possible legal pathways that a President Donald Trump could take to keep Muslims from entering the United States. Matt Spetalnick and David Ingram at Reuters present a more skeptical take on the ban, noting that a direct ban on Muslims may be difficult to pass. However, there seem to be a number of alternate approaches that Trump could take to achieve the same result of achieving a ban on Muslims without calling it as such. “If a Trump administration cut off immigration from certain countries, rather than certain religions, it would not violate the Constitution,” according to UC Berkeley law professor John Yoo and former Justice Department official. (Read Trump adds new twist to immigration proposals, but legal doubts persist)

For a much more in-depth look at the same issue, and one which leans much more heavily to suggesting that Trump will be able to enact such a ban, see Sasha Abramsky’s piece in The American Prospect: “Using existing immigration statutes and legal precedents, President Trump would, in fact, have plenty of ways of making life miserable for Muslims currently living in or hoping to come to the United States… such an attempt would likely start… with an expansive interpretation of Section 212 of the Immigration and Nationality Act.” Columbia University historian of US immigration policy Mae Ngai goes one step further, putting it quite bluntly: “If Congress wanted to exclude all Muslims, constitutionally they can. Congress can exclude anyone it wants to. Nobody has a right to enter the country.” (Read Don’t assume Trump’s bias is mere bluster)

Enterprise is a daily publication of Enterprise Ventures LLC, an Egyptian limited liability company (commercial register 83594), and a subsidiary of Inktank Communications. Summaries are intended for guidance only and are provided on an as-is basis; kindly refer to the source article in its original language prior to undertaking any action. Neither Enterprise Ventures nor its staff assume any responsibility or liability for the accuracy of the information contained in this publication, whether in the form of summaries or analysis. © 2022 Enterprise Ventures LLC.

Enterprise is available without charge thanks to the generous support of HSBC Egypt (tax ID: 204-901-715), the leading corporate and retail lender in Egypt; EFG Hermes (tax ID: 200-178-385), the leading financial services corporation in frontier emerging markets; SODIC (tax ID: 212-168-002), a leading Egyptian real estate developer; SomaBay (tax ID: 204-903-300), our Red Sea holiday partner; Infinity (tax ID: 474-939-359), the ultimate way to power cities, industries, and homes directly from nature right here in Egypt; CIRA (tax ID: 200-069-608), the leading providers of K-12 and higher level education in Egypt; Orascom Construction (tax ID: 229-988-806), the leading construction and engineering company building infrastructure in Egypt and abroad; Moharram & Partners (tax ID: 616-112-459), the leading public policy and government affairs partner; Palm Hills Developments (tax ID: 432-737-014), a leading developer of commercial and residential properties; Mashreq (tax ID: 204-898-862), the MENA region’s leading homegrown personal and digital bank; Industrial Development Group (IDG) (tax ID:266-965-253), the leading builder of industrial parks in Egypt; Hassan Allam Properties (tax ID:  553-096-567), one of Egypt’s most prominent and leading builders; and Saleh, Barsoum & Abdel Aziz (tax ID: 220-002-827), the leading audit, tax and accounting firm in Egypt.