One of the main criticisms of Donald Trump’s proposed moratorium on Muslim immigration is that it’s unconstitutional. For example, Republican presidential candidate and law graduate Marco Rubio said that the plan “violates the Constitution” earlier this week.
However, two notable law professors — Jan C. Ting of Temple University and Eric Posner of the University of Chicago — say those critics are wrong and possibly don’t know much about legal history.
Ting, a professor at Temple University’s School of Law and a former Immigration and Naturalization Services commissioner for the Department of Justice, explained to The Daily Caller that Trump’s plan is in keeping with over a hundred years of legal precedent.
“No kind of immigration restriction is unconstitutional,” Ting told TheDC. “The U.S. government can exclude a foreign national on any basis.”
The legal scholar explained that the Supreme Court’s decisions since ruling unanimously in favor of the legality of the Chinese Exclusion Act in 1889 have upheld the authority of the political branches — executive and legislative — to make immigration law as they see fit and to exclude foreigners on grounds that would not be applicable to American citizens.
“The statutes are clear: immigration is different from all other aspects of the law,” Ting said. “The Supreme Court has ruled we can enact laws against foreign nationals that would not be permissible to apply to citizens. The courts historically have no role in these decisions.”