Inadmissible to the U.S. as a Muslim
Donald Trump suggested temporarily barring Muslims from visiting the U.S. due to the threats presented by radical Muslim extremists. Is that legal? What can cause people to be deemed inadmissible to the U.S.?
Under the Immigration and Nationality Act (INA), the inadmissibility grounds precluding entry to the U.S. are found in section 212.
That section provides a number of reasons that foreigners can be denied entry:
(1) Health – communicable disease
(2) Criminal: having criminal convictions or if there is “reason to believe” that criminal acts were committed.
(3) Security and related grounds: includes membership in communist / totalitarian party, member of terrorist organization.
(4-6) Prior Immigration violations, previous deportation, alien smuggling, etc..
(7) Misc grounds: Practicing Polygamists, International Child Abduction, Unlawful Voters, Ineligible for Citizenship, Foreign Nationals who Evaded the Draft
Membership in a certain religion cannot be the basis for denying entry to the U.S.. But, anyone with ties to terrorism is barred under INA section 212(a)(3). . .
What can be done by an alien who is deemed inadmissible? Depending on the basis of inadmissibility, they may be eligible to file a waiver application. (not available for the terrorist ground)