“Where in the Constitution does it give the right to anyone to enter our country?”
I’ve actually had to argue that point on this site!
I’ve still yet to receive the answer of the constitutional right anyone has to come here.
I don't agree with Mark's tone, but the substance is clear:
First of all, itâs important to underline that Congress can exclude or admit any foreigner it wants, for any reason or no reason. Non-Americans have no constitutional right to travel to the United States and no constitutional due-process rights to challenge exclusion; as the Supreme Court has written multiple times, âWhatever the procedure authorized by Congress is, it is due process as far as an alien denied entry is concerned.â
Whatâs more, while the president doesnât have the authority that Obama has claimed, to let in anyone he wants for any reason (under the guise of âparoleâ), he does have the statutory authority to keep anyone out, for any reason he thinks best. From 8 USC §1182:
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 (emphasis added).
So in considering Trumpâs statement, the question is not whether it would be lawful but whether it would be good policy. (Barring the return of American citizens from abroad simply because theyâre Muslims is ridiculous and illegal, but it doesnât seem that Trump actually said that, despite the mediaâs trumpeting of that point.)
As usual, Trump is playing the part of your crotchety Uncle George holding forth on politics at the Thanksgiving dinner table. But the reason his careless and sloppy immigration commentary resonates is that no one else in public life is willing to address issues that worry â and, at this point, frighten â people. If ârespectableâ politicians refuse to even talk about the real problems caused by mass Muslim immigration, then a larger and larger share of the public will turn to carnival barkers unafraid of elite disapproval.