Does President Have Authority to Ban All Muslims from USA?
Mint Press and other legal authorities have said "Yes, the president has authority to ban all muslims from the United States right now:
"There's been so much debate over Donald Trump's statement that the U.S. should ban all Muslims attempting to enter the country. We are going to look at one major question: is it lawful?
"Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what the hell is going on."
That's a statement from Trump explaining his plan to prevent terror attacks on U.S. soil- ban all Muslims from entering the country. This plan has been met with a lot of support from some, and condemned by others.
Reality check here: a President Trump would have the power to ban certain people from entering the country.
Under U.S. Code, the president does have the statutory authority to keep anyone out of the country, for any reason he thinks best. Per 8 USC §1182
"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."
Yes, the president has the authority to do exactly what Trump is describing. And by the way, this kind of thing has happened before."
Thats the short version. Here's longer version demonstrating the President's executive powers in detailed legal terms
for 27 pages.
Its by the CONGRESSIONAL RESEARCH SERVICE, providing legislative research to the U.S. Congress since 1914.