LOUISVILLE and LEXINGTON, Kentucky. In the early days of his campaign, Donald Trump initially proposed a ban on all Muslims entering the United States. In recent weeks, his campaign has seemed to backtrack on this language, suggesting that instead, immigration and visa candidates will face more intense questioning and scrutiny before they are allowed to enter the U.S. Many of Donald Trump’s policies have faced intense criticism, with experts, immigration lawyers, and others saying that they are impossible to implement. Yet, what challenges would new immigrants face if Donald Trump’s policies were to be passed?
According to U.S. News and World Report, Donald Trump’s claim that he would ban all Muslims from entering the U.S. if he is elected president are not only unconstitutional, but they would also be virtually impossible to implement. Trump’s proposal violates both the equal protection clause and freedom of religion protected under the First Amendment. Would a government under Trump require individuals to face a religious test before they are permitted to enter the country? Trump has not been clear about how he would enforce a ban. Some claim that such a test would amount to requiring all individuals entering the country to declare their religion, a practice many find questionable.
Religion has sometimes played a role in determining who can and cannot immigrate to the U.S., but this has usually been used to help immigrants fleeing religious prosecution. The U.S. has never prevented individuals of a certain religion from entering. According to the Atlantic, such a ban would not work and it would overwhelm immigration systems currently in place.
Trump has offered other ideas, including suggesting that immigrants will have to answer questionnaires and face increased social media scrutiny to check their stance on gay rights, religious freedom, gender equality, and terrorism. Yet, it isn’t clear what stances will be approved. American values are complex. Republican and Democratic lawmakers within the country already have trouble determining what values reflect Americans’ beliefs.
As it stands, anyone who wants to immigrate to the U.S. is asked whether he or she was a member of the Communist party, a totalitarian party, the Nazi party, or a terrorist organization. Yet, according to the Atlantic, Trump’s proposals involving questionnaires, increased screening for problematic political pasts, and searching social media is already part of the immigration process. Essentially, when policy makers evaluate Trump’s proposals, they estimate that nothing much might change for new immigrants seeking to move or work in the U.S. under Trump’s suggested proposals.
That said, Trump has changed his stance and his language many times on these issues. It isn’t clear how immigration would change under a new presidency. If you have questions about immigration, it is wise to speak to a qualified immigration lawyer. The O’Brien Law Group works hard to provide effective solutions for a range of immigration concerns. Whether you want to immigrate to the U.S., are seeking citizenship, or are looking to obtain a work visa, The O’Brien Law Group can help. We can also assist you if you are facing deportation proceedings. Visit robrienlaw.com to learn more.