# 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:** 3
**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, 9:05pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/41 "2016-05-11T21:05:06Z")
> [@boffking](#): > > Freedom of religion. It’s part of the 1st amendment. That’s funny. We’re talking about non-citizens outside the US. We don’t guarantee them “freedom of religion”. ---
**Author:** ![Mr.Kobayashi](https://avatars.discourse-cdn.com/v4/letter/m/4af34b/32.png) [@Mr.Kobayashi](https://boards.straightdope.com/u/Mr.Kobayashi)\ **Post date:** [May 11, 2016, 9:07pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/42 "2016-05-11T21:07:11Z")
\*“It’s a temporary ban. It hasn’t been called for yet,” \*[Mr Trump](http://www.bbc.co.uk/news/election-us-2016-36272236) said on Wednesday. \*“This is just a suggestion until we find out what’s going on.” \* It’s just a suggestion, bro! ---
**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, 9:08pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/43 "2016-05-11T21:08:11Z")
> [@Hari\_Seldon](#): > > 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. But a traveler getting off an airplane is already in the U.S. and have at least some constitutional protections. Maybe they haven’t officially entered the U.S. but they are on the ground in U.S. territory. Even illegal aliens are protected by the Constitution. ---
**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, 9:09pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/44 "2016-05-11T21:09:43Z")
> [@davidm](#): > > I would think that terrorists are more likely to do so then most. Probably, but I don’t think terrorists are numerically that significant. ---
**Author:** ![Whiskey\_Dickens](https://avatars.discourse-cdn.com/v4/letter/w/9fc348/32.png) [@Whiskey\_Dickens](https://boards.straightdope.com/u/Whiskey_Dickens)\ **Post date:** [May 11, 2016, 9:10pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/45 "2016-05-11T21:10:09Z")
> [@Living\_Well\_Is\_Best\_Revenge](#): > > It’s just bluster. It would never be implemented, partially for the reason you stated. It would be impossible. This! It’s the type of thing you say to rile up a grassroots. Now that he’s locked down the nomination, watch as his rhetoric becomes more sane. [As a matter of fact he did exactly that, today.](http://www.bbc.com/news/election-us-2016-36272236) ---
**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, 9:14pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/46 "2016-05-11T21:14:40Z")
> [@boffking](#): > > Freedom of religion. It’s part of the 1st amendment. Have you even taken a high school civics class? ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [May 11, 2016, 9:22pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/47 "2016-05-11T21:22:21Z")
> [@John\_Mace](#): > > 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. Businessmen from Indonesia - bad. ISIS members from Belgium - no prob. ---
**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, 9:26pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/48 "2016-05-11T21:26:09Z")
International travelers in the no-man’s land at the arriving terminal at US airports between the plane and passing the immigration agent, have fewer rights than some of the least democratic countries in the world. The have limited access to legal counsel, subject to unwarranted searches, and have limited free speech. > **[Welcome to America: Discriminated, detained, searched, interrogated](https://www.zdnet.com/article/welcome-to-the-united-states-discriminated-detained-searched-interrogated-special-report/)** > > America may be the land of the free, but upon arrival, millions of visitors cross a legal purgatory at the U.S. border. We explore the worst-case scenarios — what happens to thousands of travelers at U.S. airports each year, and what rights (or lack... ---
**Author:** ![Wolf333](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolf333/32/3460_2.png) [@Wolf333](https://boards.straightdope.com/u/Wolf333)\ **Post date:** [May 11, 2016, 9:33pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/49 "2016-05-11T21:33:45Z")
> [@Hector\_St\_Clare](#): > > Probably, but I don’t think terrorists are numerically that significant. Which negates the need for the ban. Unless we’re just doing it to be assholes. ---
**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, 10:49pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/50 "2016-05-11T22:49:17Z")
> [@John\_Mace](#): > > That’s funny. We’re talking about non-citizens outside the US. We don’t guarantee them “freedom of religion”. Mr. Trump would have no power over non-citizens outside the US, even if he was elected. He isn’t running for president of Malaysia or any of the other countries mentioned in this thread. ---
**Author:** ![jsc1953](https://avatars.discourse-cdn.com/v4/letter/j/5daacb/32.png) [@jsc1953](https://boards.straightdope.com/u/jsc1953)\ **Post date:** [May 11, 2016, 10:58pm UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/51 "2016-05-11T22:58:21Z")
> [@running\_coach](#): > > But a traveler getting off an airplane is already in the U.S. and have at least some constitutional protections. Maybe they haven’t officially entered the U.S. but they are on the ground in U.S. territory. > > Even illegal aliens are protected by the Constitution. We’re basically discussing immigration policy, which (I’m completely guessing) has broad latitude…we can pretty much let in / exclude anyone we want, and have in the past (barring immigration from China for decades). Couldn’t we bar any visitors from Venezuela, or blondes, or short people, if we got the whim to do so? It’s the \*practicality \*of identifying & excluding a religion that’s under discussion. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [May 12, 2016, 12:07am UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/52 "2016-05-12T00:07:57Z")
> [@John\_Mace](#): > > 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. Until some Americans start whining when their Christian relatives can’t visit from Malaysia or Pakistan or wherever. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [May 12, 2016, 12:14am UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/53 "2016-05-12T00:14:31Z")
> [@davidm](#): > > I would think that terrorists are more likely to do so then most. Ah HAH! a perfect reverse barometer! Anyone who disavows Islam really is a Muslim, and cannot be let in. Of course, we can’t very well let in the ones who openly admit being Muslims either. ---
**Author:** ![boffking](https://avatars.discourse-cdn.com/v4/letter/b/858c86/32.png) [@boffking](https://boards.straightdope.com/u/boffking)\ **Post date:** [May 12, 2016, 12:21am UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/54 "2016-05-12T00:21:27Z")
> [@davidm](#): > > I would think that terrorists are more likely to do so then most. What are Trump’s plans to stop conservative terrorism? Does he realize that christian americans bomb abortion clinics? What about the KKK? ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [May 12, 2016, 12:24am UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/55 "2016-05-12T00:24:17Z")
The First Amendment is not phrased in terms of the rights of people, or of citizens, to freedom of religion. It’s phrased in terms of the powers of the government, and the US Constitution is certainly binding on the US government. For Congress to pass a law excluding Muslims would be for it to do something it is expressly prohibited from doing. ---
**Author:** ![jsc1953](https://avatars.discourse-cdn.com/v4/letter/j/5daacb/32.png) [@jsc1953](https://boards.straightdope.com/u/jsc1953)\ **Post date:** [May 12, 2016, 2:42am UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/56 "2016-05-12T02:42:42Z")
The [Chinese Exclusion Act](https://en.wikipedia.org/wiki/Chinese_Exclusion_Act) was upheld by the Supreme Court, and remained in effect for 60 years until its repeal. IANAL but that seems like a kinda precedent. ---
**Author:** ![spamforbrains](https://avatars.discourse-cdn.com/v4/letter/s/e274bd/32.png) [@spamforbrains](https://boards.straightdope.com/u/spamforbrains)\ **Post date:** [May 12, 2016, 3:15am UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/57 "2016-05-12T03:15:39Z")
> [@](#): > > or Congress to pass a law excluding Muslims would be for it to do something it is expressly prohibited from doing. What if they did some bizarre thing like requiring all US residents to eat a pork chop once a year or face expulsion? Without mentioning religion in the law? Make up some silly health rationale for the reason for the pork-eating test, like the GOP does when they pass laws restricting abortion, a constitutionally protected right. Of course all the vegans and Jews will go too, but what are a few sacrifices in the name of um, what, insanity? ---
**Author:** ![Gorsnak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gorsnak/32/7587_2.png) [@Gorsnak](https://boards.straightdope.com/u/Gorsnak)\ **Post date:** [May 12, 2016, 3:29am UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/58 "2016-05-12T03:29:10Z")
> [@John\_Mace](#): > > Here, burn this Koran or you ain’t gettin’ past customs!! Please draw in a funny nose on this cartoon Muhammad. ---
**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\ **Post date:** [May 12, 2016, 3:32am UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/59 "2016-05-12T03:32:24Z")
A very great many Jews are just fine with eating a pork chop once in a while. Many others, while considering it a terrible offense, would simply force it down and then go through the rituals of purification after. I’d bet that, even among Vegans, you’d find a bunch who would force down the pork rather than lose their homes and citizenship. (Yeah, I know, it wasn’t meant totally literally.) ---
**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 12, 2016, 4:46am UTC](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550/60 "2016-05-12T04:46:24Z")
> [@running\_coach](#): > > But a traveler getting off an airplane is already in the U.S. and have at least some constitutional protections. Maybe they haven’t officially entered the U.S. but they are on the ground in U.S. territory. > > Even illegal aliens are protected by the Constitution. One would assume the ban would involve not granting visas so that the evil moos-lims never set foot on Christian US soil. But yes, once on US soil, it’s a different game. I think it would be unconstitutional to kick someone out of the US because of their religion, even if they had just arrived a few minutes prior. [Previous page](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550.md?page=2) [Next page](https://boards.straightdope.com/t/how-would-trumps-muslim-ban-be-implemented/754550.md?page=4)