Hopefully this helps...........
Yes under current law it is legal, but the way our crazy courts have been ruling against immigration issues we better be careful how it is done or it will be struck down by the courts. Our courts have been ruling as if other citizens are covered by our Constitution, especially in matters of immigration. This has been happening little by little until now even illegals are held to have the same rights we do.
This is the kind of thing we leave the door open to when we choose not to follow or enforce our own laws as we have been doing with immigration issues for quite some time.
It would be wonderful if our courts would follow the law but too many judges want to make it up as they go along.
http://icirr.org/sites/default/files/IPC%20McCarran-Walter.pdf
http://immigrationtounitedstates.org/594-immigration-and-nationality-act-of-1965.html
http://repository.law.miami.edu/cgi/viewcontent.cgi?article=2022&context=umlr
From the above link law.miami.edu:
1987: In order to remedy this situation, Congress passed Section 901 of the Foreign Relations Authorization Act,34 which prohibited the exclusion or deportation of noncitizens “because of any past, current, or expected beliefs, statements, or associations which, if engaged in by a United States citizen in the United States, would be protected under the Constitution of the United States.”35 Congress expressed concern that, as a consequence of politically motivated exclusion, “the reputation of the United States as an open society, tolerant of divergent ideas, has suffered.”’36
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There is much, much more...actions by Congress, courts...it is a tangled web. Some believe the Immigration Act of 1965 essentially repealed the McCarran-Walter Act, yet it has been used successfully since then. It is not a simple matter, though we all wish it were.
I think we need to come up with a plan that will not invite the exclusion of Muslims or certain Muslims to get drawn into court. It could take a lifetime to sort it all out then and we would never get done what we want to accomplish.
I think this spider web of immigration laws is why Giuliani said things the way he did.
I just posted this in case you or anyone else want to dig further- not trying to send you to school. ha ha
If I get time I would like to make a thread with some of the immigration law, actions of Congress, and court decisions. It might be helpful if we get leadership that is actually trying to enforce the laws!