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Donald Trump has been in the news since the beginning of the presidential campaign, usually for statements that have been increasing in xenophobic and intolerant sentiment. While his statements continue to grow in nationalist sentiment and shock most Americans, his poll numbers continue to strengthen. This means that not only is he speaking to a large portion of the Republican voter base, but that he is also becoming a more and more serious contender for the eventual GOP primary nomination. This begs the question: Is anything Donald Trump is saying he’ll do even legal? This is most explicitly being asked about his plan to prevent Muslims from immigrating to the United States and possibly deporting some that are already here.

In response to his ever-increasingly bombastic statements, a group of law professors have sat down to figure out if it is even legally possible for Trump to make good on his promise to prevent Muslim immigration to the United States — this is also assuming that he would get congressional support for this move, something that is HIGHLY unlikely to happen. While the good news is that both parties have denounced his statements, the best news is that what Trump is advocating for is also, most likely, very illegal.

It seems as though Trump’s plan doesn’t just go against good taste and the founding principles of our nation (one of which is religious freedom), it also goes directly against First Amendment’s Religion Clauses and the equality parts of the Due Process Clause of the Fifth Amendment. This means that even if Trump were to win presidency and get full congressional support for his barring of Muslim immigration, appeals to the Supreme Court would lead to it being struck down as illegal and unconstitutional. Not only that, the Constitution prohibits any religious tests and religion has even been used in the past as a way to open up our country for further immigration — in 1980, congress passed an amendment to the Immigration and Nationality Act to protect immigrants from religious persecution. With the only possible support coming from old and discredited cases or laws that have been changed since, Trump will never be able to bar Muslims from immigrating to the United States, even if he wins.

If you’d like to read more, the link is here.