Donald Trump’s proposal to bar all Muslims from entering the United States violates U.S. and international law and would never be allowed by the courts, legal scholars said late Monday.
“Oh, for the love of God,” said Jonathan Turley, a constitutional law expert at George Washington University. “This would not only violate international law, but do so by embracing open discrimination against one religion. It would make the United States a virtual pariah among nations.’’
The GOP presidential candidate on Monday called for a “total and complete shutdown” of Muslims entering the United States, including immigrants, tourists and even Muslims who are U.S. citizens and travel abroad. His plan to bar U.S. citizens drew particular ire from legal experts, some of whom fumbled for words as they tried to explain its illegality, since none had considered the matter before.
“That’s blatantly unconstitutional if it excludes U.S. citizens because they are Muslims. It’s ridiculous,” said Richard Friedman, a law professor at the University of Michigan. He cited the U.S. Constitution’s equal protection clause and the First Amendment’s doctrine of freedom of religion.
Barring Muslims who are not U.S. citizens from entering the country may not violate U.S. law in the same way, the experts said, because the Constitution’s protections generally do not apply to people outside the nation’s borders. But that’s irrelevant, they said, because Trump’s plan would break many principles of international law and agreements the U.S. has signed with other nations.
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