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Islamist or not? Where Does the Burden of Proof Lie?

Reader comment on item: What's Trump's Policy on Visas for Muslims?

Submitted by Stu Fagin (United States), Aug 18, 2016 at 10:26

The policy of banning Islamist immigration, but not Muslims generally is correct. But even after detailed questioning great uncertainty will remain for the vast majority of applicants. This is because (a) most non-western applicants will generally not appear in our databases, and (b) applicants may lie once aware of the answers that will gain entry. Therefore, the key question is what policy to adopt in the face of this uncertainty. Is the burden of proof on the Homeland Security to demonstrate the applicant is an Islamist, or is the burden of proof on the applicant to demonstrate that he is not? I think the policy should be the latter.

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Note: Opinions expressed in comments are those of the authors alone and not necessarily those of Daniel Pipes. Original writing only, please. Comments are screened and in some cases edited before posting. Reasoned disagreement is welcome but not comments that are scurrilous, off-topic, commercial, disparaging religions, or otherwise inappropriate. For complete regulations, see the "Guidelines for Reader Comments".

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