Does the President have the authority to temporarily “stop” the flow of Muslims into the United States?
Where to find the answer:
"Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate."
(8 United States Code section 1182(f), emphasis added.)
A federal court interpreted 8 USC section 1182(f), stating: "Congress thus has shown that it knows how to grant the Executive the authority to discriminate based on national origin where it deems necessary . . . . " (Jean v. Nelson, 727 F.2d 957, 987 (1984), Kravitch, Circuit Judge, specially concurring in part and dissenting in part with whom Johnson, Hatchett and Clark, Circuit Judges, joined.)
Two years later, on August 22, 1986, president Ronald Reagan proclaimed:
"NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me as President by the Constitution and laws of the United States of America, including Section 212(f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)) ("the Act"), having found that the unrestricted entry into the United States as immigrants by Cuban citizens would, except as provided in Section 2, be detrimental to the interests of the United States, do proclaim that:
Section 1.Entry of Cuban nationals as immigrants is hereby suspended, except as noted in Section 2."
Seven years later, the United States Supreme Court stated: "It is perfectly clear that
8 U. S. C. § 1182(f) . . . grants the President ample power to establish a naval blockade that would simply deny illegal Haitian migrants the ability to disembark on our shores." (Sale v. Haitian Centers Council, Inc., 509 U.S. 155, 187 (1993), Justice Stevens, majority opinion.)
When presidential candidates such asBen Carson,
Carly Fiorina, constitutional law expert Laurence Tribe, and others denounced Republican presidential candidate Donald Trump's proposal to exclude Muslims from immigrating into the United States as being "unconstitutional," those critics failed to consider federal law (8 USC section 1182 (f)) authorizing it, Ronald Reagan's proclamation based on that federal law, and federal court decisions before and after Reagan's proclamation affirming that law.
“Then you will know the truth, and the truth will set you free.” (John 8:32.)
McCarran-Walter Act of 1952
Very interesting Bit of Legislative History: McCarran-Walter Act of 1952
Donald Trump was recently severely criticized for suggesting that the U.S. should limit or temporarily suspend the immigration of certain ethnic groups, nationalities, and even people of certain religions (Muslims). The criticisms condemned such a suggestion as, among other things, being “Un-American,” dumb, stupid, reckless, dangerous and racist. Congressmen and Senators swore that they would never allow such legislation, and Obama called such a prohibition on immigration unconstitutional (as if, all of a sudden, he gives a damn about the Constitution).
As Gomer Pyle would say, “Surprise, Surprise!!!” It seems that the selective immigration ban is already law and has been applied on several occasions. TheImmigration and Nationality Act of 1952, a.k.a., the McCarran-Walter Act allows for the "Suspension of entry or imposition of restrictions by the president (something which we haven't had for the past seven and a half years). Whenever the president finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, the president may, by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants or impose on the entry of aliens any restrictions he may deem to be appropriate.”
Note that McCarran and Walter were Democrats and this act was utilized by Jimmy Carter, no less, in 1979 to keep Iranians out of the United States … but he actually did more. He made all Iranian students already here check in, and then he deported a bunch. Seven thousand were found in violation of their visas, 15,000 Iranians were forced to leave the United States in 1979. You won't hear a word about this from the liberal media, propaganda machine.
It is of note that the act requires that an applicant for immigration ”must be of good moral character” and "attached to the principles of the Constitution.” Since the Quran forbids Muslims to swear allegiance to the U.S. Constitution, technically, all Muslims should be refused immigration.
Otherwise known as the McCarran-Walter Act, the Immigration and Nationality Act of 1952 was meant to exclude certain immigrants from immigrating to America, post World War II and in the early Cold War. The McCarran-Walter Act moved away from excluding immigrants based simply upon country of origin. Instead it focused upon denying immigrants who were unlawful, immoral, diseased in any way, politically radical etc. and accepting those who were willing and able to assimilate into the US economic, social, and political structures, which restructured how immigration law was handled. Furthermore, the most notable exclusions were anyone even remotely associated with communism which in the early days of the Cold War was seen as a serious threat to US democracy. The main objective of this was to block any spread of communism from outside post WWII countries, as well as deny any enemies of the US during WWII such as Japan and favor “good Asian” countries such as China. The McCarran-Walter Act was a strong reinforcement in immigration selection, which was labeled the best way to preserve national security and national interests. President Truman originally vetoed the law, deeming it discriminatory; however there was enough support in Congress for the law to pass.