Immigration Law

Expert Yale-Loehr: Trump's Muslim Ban Would Pose 'Novel Questions' for Supreme Court

Associated Press, Dec. 14, 2015 - "There's no legal or historical precedent for closing U.S. borders to the world's 1.6 billion Muslims, but neither is there any Supreme Court case that clearly prevents a president or Congress from doing so.  Legal experts are divided over how the high court would react to Republican presidential candidate Donald Trump's call for a temporary halt to Muslims entering the United States.  "The court has never been faced with a challenge against a whole religion. I think that would raise interesting and novel questions for the court," said Stephen Yale-Loehr, who teaches immigration law at Cornell University's law school.  Any such blanket action based on a person's religion would be unconstitutional if applied to U.S. citizens, scholars agree.  But courts have given Congress and the president wide discretion when it comes to immigration."