This would be considered unconstitutional. There is no way they couldn’t find a judge to stop it. Trump is being realistic. Our country sucks. I guess Trump could have continued saying it to make us all happy but there was no way this would ever happen.
He can write an EO to halt Muslim immigration for National security reasons. No judge can make him let Isis into the US if it endangers the US with terrorism and war.
Looks to me that he’s going to be a disappointment. We’ll see.
Banning muslims is legal under the Immigration and Nationality Act (1952), which gives the president authority to suspend the entry of any and all aliens deemed detrimental to U.S. interests:
“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
I think people need to recognize that part of “The Art of the Deal” includes telling people things that fit in with their perception (for example a “wall” - it might be more like a fence, or even just stronger security - but some people think of a 50-foot tall wall like the Great Wall of China).
The other is start your negotiations high. So even while legal to ban all muslims, it is probably unrealistic. Just as it is probably unrealistic to round up all the illegals and put them on ships back home. Weeding out the worst of them would be a start.