Immigration Law

Experts: Trump's Muslim Ban Proposal Unconstitutional

New York Times, Dec. 7, 2015 - "Experts on immigration law and policy expressed shock at the proposal Monday afternoon. “This is just so antithetical to the history of the United States,” said Nancy Morawetz, a professor of clinical law at New York University School of Law, who specializes in immigration. “It’s unbelievable to have a religious test for admission into the country.” She added: “I cannot recall any historical precedent for denying immigration based on religion.” Putting the policy into practice would require an unlikely act of Congress, said Stephen Yale-Loehr, a professor of law at Cornell and a prominent authority on immigration. Should Congress enact such a law, he predicted, the Supreme Court would invalidate it as an overly restrictive immigration policy under the equal protection clause of the 14th Amendment. “It would certainly be challenged as unconstitutional,” he said. “And I predict the Supreme Court would strike it down.”"