# How would Trump's muslim ban be implemented? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [May 11, 2016, 2:54pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550 "2016-05-11T14:54:08Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [May 11, 2016, 7:13pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/21 "2016-05-11T19:13:39Z")
Here’s a few on both sides. [Top Scholars Say Trump Muslim Immigrant Ban May Be Constitutional](http://www.usnews.com/news/articles/2015/12/08/top-scholars-say-trumps-muslim-immigrant-ban-could-be-constitutional) [Constitution Check: Would a ban on all Muslims entering the U.S. be valid?](http://blog.constitutioncenter.org/2015/12/constitution-check-would-a-ban-on-all-muslims-entering-the-u-s-be-valid/) [Legal Scholar: Trump’s Muslim Ban May Be Constitutional](http://www.nbcnews.com/politics/2016-election/legal-scholar-trump-s-muslim-ban-may-be-constitutional-n484981) [Is Trump’s Proposed Ban on Muslim Entry Unconstitutional?](http://blogs.wsj.com/law/2015/12/08/is-trumps-proposed-ban-on-muslim-entry-constitutional/) [Experts: Trump’s Muslim entry ban idea ‘ridiculous,’ ‘unconstitutional’](https://www.washingtonpost.com/politics/experts-trumps-muslim-entry-ban-idea-ridiculous-unconsitutional/2015/12/07/d44a970a-9d47-11e5-bce4-708fe33e3288_story.html) ---
**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\ **Post date:** [May 11, 2016, 7:32pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/22 "2016-05-11T19:32:25Z")
> [@Omar\_Little](#): > > Care to elaborate how this would be unconstitutional? Non-citizens of the US are not protected by the US constitution. Well, first of all, non-citizens are afforded quite a few rights under the Constitution, as is plainly evident. The rights to due process, protection from unreasonable search and seizure, cruel and unusual punishment, and freedom of speech are not limited to citizens. In any event, Trump has not limited his proposed ban to non-citizens. He has stated all Muslims should be barred from entering the USA, including American citizens who had been abroad. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 11, 2016, 7:32pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/23 "2016-05-11T19:32:44Z")
> [@boffking](#): > > SCOTUS would strike it down as unconstitutional. On what basis? ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 11, 2016, 7:34pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/24 "2016-05-11T19:34:38Z")
> [@RickJay](#): > > Well, first of all, non-citizens are afforded quite a few rights under the Constitution, as is plainly evident. The rights to due process, protection from unreasonable search and seizure, cruel and unusual punishment, and freedom of speech are not limited to citizens. But not so much when they are outside US borders. Otherwise, the CIA would have to be disbanded in a minute. The US has no obligation to let any particular foreigner inside our borders. There would, to be sure, be problems with diplomats and such, but ordinary folk? I’m not so sure. > [@](#): > > In any event, Trump has not limited his proposed ban to non-citizens. He has stated all Muslims should be barred from entering the USA, including American citizens who had been abroad. For US citizens, of course it would be unconstitutional. ---
**Author:** ![Anaamika](https://avatars.discourse-cdn.com/v4/letter/a/5f9b8f/32.png) [@Anaamika](https://boards.straightdope.com/u/Anaamika)\ **Post date:** [May 11, 2016, 7:35pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/25 "2016-05-11T19:35:22Z")
> [@RickJay](#): > > In any event, Trump has not limited his proposed ban to non-citizens. He has stated all Muslims should be barred from entering the USA, including American citizens who had been abroad. Give me your poor, your tired, your huddled masses. Unless they be Muslim! This is the part of it I am wondering if it’s unconstitutional. You can’t just ban citizens who have committed no crime. Can you? ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 11, 2016, 7:38pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/26 "2016-05-11T19:38:16Z")
The way Trump would probably implement his ban would be to make it depend on the country, not the religion. That wouldn’t keep all Muslims out, of course, and it would keep some non-Muslims out as we’ll, but it would be quite simple to implement. ---
**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\ **Post date:** [May 11, 2016, 7:49pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/27 "2016-05-11T19:49:32Z")
Most likely it would be implemented as broadly as possible, expelling anyone “suspected of being Muslim”. There’d be an official or unofficial list of “Muslim traits” that would get you targeted for expulsion. Being non-white, women wearing hats (head covering), being insufficiently loudly Christian, not condemning Muslims loudly enough, having money or property they can grab when they expel you, or just irritating some neighbor who accuses you. That’s how such persecutions usually work after all. Just look at the various attempts in various places in history to purge Jews. Or for an American (if non-religious) example, the internment of the Japanese during WWII. ---
**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\ **Post date:** [May 11, 2016, 8:14pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/28 "2016-05-11T20:14:42Z")
> [@John\_Mace](#): > > For US citizens, of course it would be unconstitutional. You might wish to inform Mr. Trump, because this is his stated policy position on the matter. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [May 11, 2016, 8:18pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/29 "2016-05-11T20:18:23Z")
> [@Der\_Trihs](#): > > that would get you targeted for expulsion. I don’t recall “expulsion” as having been a part of his temporary solution. Let’s please stick to what he actually has said, that should be enough…Lord knows he doesn’t need people inventing things he has said. What he has actually said should be enough. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [May 11, 2016, 8:21pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/30 "2016-05-11T20:21:58Z")
> [@RickJay](#): > > He has stated all Muslims should be barred from entering the USA, including American citizens who had been abroad. [http://thehill.com/blogs/ballot-box/presidential-races/262348-trump-calls-for-shutdown-of-muslims-entering-us](http://thehill.com/blogs/ballot-box/presidential-races/262348-trump-calls-for-shutdown-of-muslims-entering-us) > [@](#): > > During a Tuesday morning interview with ABC’s “Good Morning America,” however, Trump clarified that American Muslims would still be able to travel freely under his plan. > > “If a person is a Muslim and goes overseas and come back, they can come back. They are a citizen, that is different,” Trump said. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [May 11, 2016, 8:27pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/31 "2016-05-11T20:27:06Z")
> [@Omar\_Little](#): > > [http://thehill.com/blogs/ballot-box/presidential-races/262348-trump-calls-for-shutdown-of-muslims-entering-us](http://thehill.com/blogs/ballot-box/presidential-races/262348-trump-calls-for-shutdown-of-muslims-entering-us) > [@](#): > > During a Tuesday morning interview with ABC’s “Good Morning America,” however, Trump clarified that American Muslims would still be able to travel freely under his plan. > > “If a person is a Muslim and goes overseas and come back, they can come back. They are a citizen, that is different,” Trump said. Funny that. The husband in the San Bernardino shootings was a natural born citizen. His wife had permanent resident status. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 11, 2016, 8:45pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/32 "2016-05-11T20:45:35Z")
> [@RickJay](#): > > You might wish to inform Mr. Trump, because this is his stated policy position on the matter. > [@Omar\_Little](#): > > [http://thehill.com/blogs/ballot-box/presidential-races/262348-trump-calls-for-shutdown-of-muslims-entering-us](http://thehill.com/blogs/ballot-box/presidential-races/262348-trump-calls-for-shutdown-of-muslims-entering-us) His “stated policy” is worth as much as a tweet, per Omar’s note. But I’m not here to tell Trump anything, just discuss things among the posters. Banning Muslims would be virtually impossible (few, if any, countries list religion on passports), but banning entry by citizens of X,Y, an Z countries seems like something a president could do. And it’s not like Trump is a master of consistency. He could come up with some [del]excuse[/del] reason why a county ban was just as good as a religion ban. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [May 11, 2016, 8:49pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/33 "2016-05-11T20:49:19Z")
> [@running\_coach](#): > > Funny that. The husband in the San Bernardino shootings was a natural born citizen. > His wife had permanent resident status. This thread wasn’t started to debate Trumpisms, the logic of his potential policies, etc. It was started to discuss if there was a viable way to implement this particular campaign declaration. ---
**Author:** ![Hector\_St\_Clare](https://avatars.discourse-cdn.com/v4/letter/h/b5ac83/32.png) [@Hector\_St\_Clare](https://boards.straightdope.com/u/Hector_St_Clare)\ **Post date:** [May 11, 2016, 8:53pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/34 "2016-05-11T20:53:15Z")
> [@Omar\_Little](#): > > Set aside the political/moral indignity associated with this plan, and help me understand how it would actually be implemented. > > Muslims are adherents of the Islamic religion. They are not a race or an ethnic background. So if President Trump via an executive order places a ban on all foreign muslims from entering the US. > > There are countries that where the state religion is Islam, so I suppose that citizens of those countries could be barred entry. These would include: > > Afghanistan > Bangladesh > Iran > Malaysia > Pakistan > Saudi Arabia > > But there are a number of other countries were Islam is widely practiced. Passports do not include religious status, so how are these people banned? > > Seems impossible to carry out the order. Malaysia is only about 60% Muslim. Bangladesh has a large non-Muslim minority as well. I believe in some countries passports do include religious status, but I won’t swear to that. ---
**Author:** ![Hector\_St\_Clare](https://avatars.discourse-cdn.com/v4/letter/h/b5ac83/32.png) [@Hector\_St\_Clare](https://boards.straightdope.com/u/Hector_St_Clare)\ **Post date:** [May 11, 2016, 8:58pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/35 "2016-05-11T20:58:18Z")
The obvious thing is to ask people to state their religion or sign an affidavit. You won’t keep out anyone who really wants to get in, but most people, Muslim or not, are unwilling to publicly disavow their religion. ---
**Author:** ![Hector\_St\_Clare](https://avatars.discourse-cdn.com/v4/letter/h/b5ac83/32.png) [@Hector\_St\_Clare](https://boards.straightdope.com/u/Hector_St_Clare)\ **Post date:** [May 11, 2016, 8:59pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/36 "2016-05-11T20:59:24Z")
The 17th century Japanese effectively kept out Christians by requiring visitors to desecrate a crucifix. ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [May 11, 2016, 9:01pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/37 "2016-05-11T21:01:23Z")
It is not obvious to me that such a law would violate the first amendment. It certainly doesn’t establish a religion and does not interfere with Muslims in the US from freely exercising their religion. Governments have pretty much a free hand on deciding whom to allow across their borders. It is arguable that rather than preventing Muslims from exercising their religion, it prevents them from traveling to the US. But there is no inherent right to travel to the US unless you are already a citizen. I am certain that four members of the court are already in agreement and one more Trump appointment would finish it. ---
**Author:** ![boffking](https://avatars.discourse-cdn.com/v4/letter/b/858c86/32.png) [@boffking](https://boards.straightdope.com/u/boffking)\ **Post date:** [May 11, 2016, 9:01pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/38 "2016-05-11T21:01:34Z")
> [@John\_Mace](#): > > On what basis? Freedom of religion. It’s part of the 1st amendment. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 11, 2016, 9:02pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/39 "2016-05-11T21:02:12Z")
> [@Hector\_St\_Clare](#): > > The 17th century Japanese effectively kept out Christians by requiring visitors to desecrate a crucifix. Here, burn this Koran or you ain’t gettin’ past customs!! ---
**Author:** ![davidm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidm/32/225_2.png) [@davidm](https://boards.straightdope.com/u/davidm)\ **Post date:** [May 11, 2016, 9:03pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/40 "2016-05-11T21:03:48Z")
> [@Hector\_St\_Clare](#): > > The obvious thing is to ask people to state their religion or sign an affidavit. You won’t keep out anyone who really wants to get in, but most people, Muslim or not, are unwilling to publicly disavow their religion. I would think that terrorists are more likely to do so then most. [Previous page](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550.md?page=1) [Next page](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550.md?page=3)