J. Gary DiLaura
First we need to look at our laws. Several laws apply to this very situation but the most prominent, obvious and easiest to read (even for attorneys) is the 1952 Immigration and Naturalization Act (Public Law 414). Paragraph 2 Sec 212 specifies aliens who the President can exclude from entry by proclamation;
“(F) Aliens who advocate or teach or who are members of or affiliated with any organization that advocates or teaches (i) the overthrow by force, violence, or other unconstitutional means of the Government of the United States or of all forms of law…”
“(G) Aliens who write or publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated… or who knowingly have in their possession for the purpose of circulation…any written or printed matter, advocating or teaching opposition to all organized government, or advocating or teaching (i) the overthrow by force, violence, or other unconstitutional means of the Government of the United States…”
If a Faith/Religion calls for the overthrow of our government or Rule of Law by violence… then the answer to our question is YES, Religion can be used as a criteria for banning aliens from entry! There is NO doubt, Islam calls for the overthrow of America, and any other nation that does not believe in Islam, by violence! Those of you who think “I’m” extreme need to Google “ISIS executions” and see what you find! Read English interpretations of Islam writings!! Those Youtube killings are recent and not photoshopped!
I would say that ISIS, Al Quetta, Iran, Palestine, Libya, Sudan, Yemen and numerous other Islamic Nations all fall into the above categories, wouldn’t you?
This law has been used by numerous presidents (are you ready for this?)… In 1979 President Carter in EO 12172, used Title 8 USC SEC 1185 to ban Iranians (no legal challenge by Republicans)…On 9-29-81 President Reagan cited T 8 S 1182f in EO 12324 to stop Haitians and was challenged unsuccessfully (court ruled it is Constitutional), Reagan again cited T 8 S 1182f, this time, in 1985 when he banned Cubans in Proclamation 5377… On 8-4-11 President Obama successfully used 1182f unchallenged. There are many more!
It can’t be said enough, our Constitution applies to ANYONE on US soil, those here legally or illegally! However it DOES NOT PROVIDE ANY RIGHTS TO ALIENS NOT ON OUR SOIL! IT IS NOT A TREATY! If they were here legally, departed and want to return, they MAY be allowed back in, if they are vetted! For you lawyers who think otherwise, read some Supreme Court decisions or move to the 9th Circuit, become a Judge and you can make any laws you want!
The Supreme Court has ruled in favor of the Executive Branch’s power on Immigration so many times that it has become known as the “plenary power” over Immigration. There are many Supreme Court Cases, but one readers will like is in a three judge Federal Ruling that denial of Medicare rights to certain aliens is unconstitutional. The Supreme Court unanimously reversed the decision and ruled that Congress has no constitutional obligation to provide aliens with the same benefits as citizens (Mathews vs Diaz 426 US 67, 81,1976)! The Supreme Court has ruled over and over that the political branches of the federal government have the responsibility to regulate control over alien visitors, regardless what the 9th“Circus” thinks (with an 80%+ reversal rating). The Supreme Court has recommended that the 9th be broken up! I believe the 9th Circuit will become many different Circuits in the near future…what a shame… no more 9th Circus!
In an excellent paper written on 2-12-16 by William J Olson PC, www.lawandfreedom.com, for the US Justice Foundation, Mr. Olson echoes my non-attorney opinion, of several years, about Islam. In 2016, then Candidate Trump said he would stop all Muslims from entering the US and was the victim of Democrat and press accusations of “racist,” unconstitutional “bigot.” Mr. Trump was, and is, absolutely on solid legal ground!
Mr. Olson stated that the 2016 statements of Mr. Trump are, “Supported by Federal statutory authority, a long line of court decisions, and is (are) similar to a number of earlier Directives issued by both Republican and Democratic Presidents”.
President Trump’s current EO is substantially reduced from “banning all Muslims”, although I believe he should ban all Muslims, and also believe that eventually he will have to because of the deaths they continue to cause to Americans, Christians, Jews and other Muslims who are infidels (Kafirs).
I believe President Trump should do as Obama did and quote 1182f banning all those people (non-specifically, just like the statute), open ended (no time period) whom the President believes want to overthrow our Government. Then do proclamations, as specifically as the President deems necessary for each country, or designated regions. He could do one with exemptions that may be granted by the President… or he could ban ALL alien, non-US Citizen, Muslims!