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Perhaps not unconstitutional?

Reader comment on item: Trump: You Should Ban Islamists, Not Muslims

Submitted by Peter Chew (United States), Dec 12, 2015 at 12:15

"Every Western basic law is secular, disallowing a religious test for immigration"

Trump's formulation might be outrageous, but I am not so sure it is unconstitutional. As little as 20-30 years ago, the USA applied a religious test to would-be immigrants from the (former) Soviet Union. I myself know people who took these tests in US Embassies there. Some were even required to take a Bible test. The US welcomed Jews and Christians, who were persecuted in the USSR, but certainly not Communists.

I think the flaw in the thinking of the "legal experts" you cite may be that non-resident non-citizens are not subject to the protections of the Constitution. That would include would-be immigrants or refugees.


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