Because It Is Wrong.
Trump, or any president can ban Muslims or any other group of people. He can do so by asserting powers under the United States Code and the Immigration and Nationality Act of 1952, which is the nation’s main immigration act.
Under Title 8, Section 1182 of the U.S. Code, the president has authority to use a proclamation to suspend the entry of “any aliens or of any class of aliens into the United States [who] would be detrimental to the interests of the United States,” for however long he deems necessary. This provision was included in the Immigration and Nationality Act of 1952.
Many presidential proclamations already exist. President Obama issued a presidential proclamation in 2011 suspending the entry of “any alien who planned, ordered, assisted, aided and abetted, committed or otherwise participated in” war crimes or other violations of humanitarian law. This means the State Department has authority to block someone from getting a visa if they are found ineligible under that criteria.
“The immigration law was designed to give as much discretionary authority to the executive branch as humanly possible, and to preclude the judicial branch from being able to review those decisions,” said Matthew Kolken, an immigration attorney.
What rights do those deemed inadmissible have to due process, or to practice religion or speech? The Supreme Court has ruled that people outside the United States don’t have constitutional rights. Further, the court ruled that Congress can decide who can and can’t enter the country, and how much immigration authority to delegate to the executive branch.
Trump’s Executive Order:
PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows:
Section 1. Purpose. The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans. And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.