Donald Trump’s proposal to ban Muslims from the United States is almost certainly unconstitutional, but that does not mean that such a law may not be passed at some point.
Immigration attorney Shah Peerally of Shah Peerally Law Group says that there are various issues arising from Trump’s controversial comments about banning Muslims, including questions such as which Muslim groups he may be talking about. Muslims holding tourist visa or other visa groups may be affected, as distinct from those who are US citizens.
How could Congress pass such a law – it is a denial of rights under the Constitution, as well as contravening the right to freedom of religion.
Nevertheless, all Muslims could be affected should the Trump argument grow to a point where it affects Muslims generally, such as has occurred in previous times in the United States with other ethnic groups.
Can Donald Trump actually ‘ban’ Muslims from the United States. Is he talking about all Muslims, or is he talking about those with tourist visas and others.
Mr Peerally refers to Roosevelt banned the Japanese during world War II and many Japanese in California remember the dark times when they suffered after being interned.
Chinese were also excluded from the United States, while many Jews and others were prevented from
entering the United States.
It could happen again, he warns, particularly in the current climate is and “one spark” could lead to such a law. Some wartime laws could be revised and there is now the results of a few deranged people have lead to
prejudice for a great many.
If we don’t stop it now it will get bigger and that is already saying. It is time to stand up and avoid the affront to human rights that such a law change wold mean.
“The US Constitution is a very powerful document”, he says, but when it comes to immigration the rights
of immigrants are very limited.
The problem is that once it is out there it can develop into something dangerous. The Nazisvcame to power democratically, he points out, and the unraveling of events occurred subsequent to that major event. We want to be prepared to withstand such laws.
If the ban is limited to some immigration classes it may not be unconstitutional at all, he says.