re: #134 KGxvi

The provision he’s relying on is 8 U.S.C. 1182(f) which says:

I haven’t actually read any case law on it. I’m not even sure there is any case law on it as it strikes me as something where there’d be a serious question of standing and whether the political question doctrine would be invoked.

Also, apparently this is something that President Obama used in Presidential Proclamation 8697, Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses. And Carter apparently used it to bar Iranians during the hostage crisis.

That said, it may be technically constitutional, but that doesn’t make it good policy. Like the death penalty is technically constitutional (the due process clauses say no one may be deprived of life, liberty, or property without the due process of law, suggesting that some process is due that would allow one to be executed) but that doesn’t make it good policy. This is one of those spots where, from the legal perspective, it is very much a question of the details.

Of course, none of this covers attempts to scrutinize the religion of any of these nationals. There are tens of millions of Muslims living in non-OIC countries, and tens of millions of non-Muslims in OIC countries.