Republican presidential candidate Donald Trump has found what seems to be a winning strategy: when a poll shows that he might be losing his lead, he makes an outrageous statement. His poll numbers then rise. On December 7, 2015 Trump said that the United States should forbid all Muslims from entering the country.
In making his statement, Trump asserted that “…the hatred is beyond comprehension” and that the ban must last “…until we are able to determine and understand this problem and the dangerous threat it poses…” He apparently thinks that Muslims “…believe only in jihad, and have no sense of reason or respect for human life.” Since Trump is the leading Republican candidate, his remarks carry significant weight. As such, they demand serious consideration.
There are three main areas in which Trump’s proposal needs to be assessed. These are the legal, the moral and the practical. I will start with the legal.
While I am not a constitutional scholar or a lawyer, Trump’s proposal seems to be unconstitutional. There is no legal precedent for applying a religious test for admission to the United States and, most importantly, it would violate the equal protection clause in the 14th Amendment. As such, even if such a law were passed by Congress, it would almost certainly be struck down by the Supreme Court. Since I am not an expert in this area, I would certainly defer to those who know this field.
As might be expected, the morality of Trump’s proposal depends on what sort of moral theory is used to assess it. Those who hold that morality is based on Christianity would presumably accept the command of Leviticus: “The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God.” This would seem to forbid such exclusion. Naturally, it could be objected that this command does not apply to Muslims—the challenge is providing the scriptural support for this claim. It could also be pointed out that the text is about the foreigner residing among us and, as such, does not forbid preventing the foreigner from coming here to reside. This sort of loophole is best debated by religious scholars.
For those who prefer ethics not based on religion, one standard approach is to consider the matter from the utilitarian standpoint. This would involve considering the harms and benefits of such a ban, weighing them, arguing that morality is a matter of consequences and then drawing the appropriate conclusion. This also brings in the practical assessment of the plan by considering its effectiveness or lack thereof.
Given what Trump says, he seems to think that the ban would protect Americans from harm. In one sense, he is right: if no Muslims are allowed into the country, then the Muslims that are kept out cannot harm Americans here. Americans would just face the usual dangers from everyone else and each other—and the leading cause of violent deaths of Americans is, of course, other Americans. As such, the increase in safety would be incredibly small.
There are numerous negative consequences to consider, such as the harm that would be done to refugees fleeing wars as well as the many Muslims who come to the United States to engage in peaceful, productive and beneficial activities such as working, learning, teaching, and being tourists. There is also the harm that would be done to the Americans who benefit from these activities. In practical terms, this could be measured in dollars lost. In moral terms, it could be measured in harms done.
In addition to the domestic harms, there is also the harm to America’s reputation. To impose such a ban on Muslims would be to throw down and stomp upon our claims of religious tolerance and religious liberty. We have claimed that we will take in the tired, the poor, the huddled masses that yearn to breathe free. To refuse to allow people into the country would repudiate these words. This is said to be the home of the brave. To impose such a ban would be to make this the home of the fearful and the intolerant. The harm to our reputation in the world would, I believe, be quite serious and would greatly offset any alleged gain in safety from the ban. This can, of course be countered by arguing that either the impact to our reputation would be insignificant or that it would be outweighed by the alleged gain in safety.
Finally, this sort of ban would be a propaganda gold mine for groups like Daesh. It would serve as excellent evidence for the claim that the West is at war with Islam and would serve as a powerful recruiting tool. Those banned from entering the United States would also have resentment against America, resentment that could in some cases be fanned into the flames of radicalization. This would, ironically, put Americans at greater risk. This could also be countered by arguing that such a ban would not have the claimed effect or that the positive impact of the ban on safety would outweigh the negative.
Given that the proposed ban is unconstitutional, immoral and would be ineffective as a means of providing protection (but very effective as Daesh propaganda) it should be evident it is an awful idea. In fact, its mere proposal is already harming the United States.