Trump’s new Muslim ban doesn’t fix the biggest legal problem with the policy
Ian Millhiser
2814

It’s a good first step this temporary travel ban on countries where radical violent anti-American Islamist movements are active, countries that were put on a “travel screening needs improvement” list by the Obama Administration and the previous Congress. More steps need to be taken.

We need not only security screening but also cultural compatibility screening. If you practice FGM or believe in stoning gays or condone forced child marriage or believe you can rape any woman not covered head-to-foot in a black cloth, you should not be allowed to enter this country except on a diplomatic visa. If you think people who leave your religious sect should be punished by death, if you demand submission of other people with different religions to your brand of religion, if you are anti-Semitic or anti-Christian or anti-atheist, you can practice your religious zealotry in your own part of world but not here. If you find it acceptable to behead or torture people who draw cartoons or write blogs or publish articles mocking or criticizing your beliefs, you can park yourself in a place where there is no freedom of the press. If you will not shake hands with a women or stand in line behind a woman or will not accept the testimony of a woman as equal to that of a man, then you can go to another country. All travelers need to be informed of key elements of our culture, sign and swear their acceptance, and be immediately deported after serving jail sentences for any violations.

We also need laws enshrining a tighter immigration policy with fewer total immigrants, laws that explicitly give the President power to grant limited exceptions, laws that give preference to persecuted political, ethnic, and religious minorities as has been done many times in the past (e.g. Cuban refugees, Vietnamese boat people, and Soviet Jews), laws that eliminate the right of non-resident aliens outside the US to sue in US courts, laws that state refugees from wars around the world do not have any right to enter the US, laws that prevent the courts from legislating immigration policy, interfering with customs enforcement, or other judicial usurpation.