According to his campaign web site, “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 is going on.”
I’ve tried to research a little further to find out what exactly Mr. Trump is saying here and if there are any caveats. For example, would Mr. Trump still allow Muslim babies to enter the United States? Are we talking about all Muslims from all countries or just citizens of certain countries? Nothing is clear at this point what Mr. Trump plans for Muslim immigrants. The only statements he has made have indicated that ALL Muslim immigrants are to be barred until “we can figure out what is going on.” In my opinion “until we can figure out what is going on” = indefinitely.
Are Muslim babies considered to be immigrants? Yes. Most orphans are issued green cards overseas and will enter the United States using an immigrant visa.
For the record, I don’t think that Mr. Trump will be the republican nominee.
If he is the nominee, do I think he will be elected president? No.
If he is elected president do I think there will be a blanket ban on all Muslim immigrants? No.
But, if a president wanted to stop an entire class of aliens from entering the United States could they? Yes.
If a president finds that the entry of any particular class of aliens, for example Muslims, into the United States is detrimental to the United States, then he or she can suspend their ability to enter or impose restrictions where deemed appropriate. Now one would hope that common sense would prevail and this would never happen, and if it did happen, there would be some kind of exception for family members of US citizens and certainly for minors and orphaned babies.
If a president did decide to suspend admission of ALL Muslims; there would be a public outcry and multiple lawsuits would ensue. There are lots of interesting legal questions here. But law suits take time to meander through the courts and I’m sure you don’t want to delay adding to your family while the Supreme Court decides whether or not to hear an appeal on the issue. So what does all of this mean for you now?
First, I’d say let’s not panic. It looks like Governor Kasich, Ted Cruz (and a few others) have a fighting chance at becoming the republican nominee. When the UAA was announced a couple of years ago, I advised couples not to delay their adoptions for any reason and to move forward quickly to avoid being subject to the UAA, its additional paperwork requirements and associated fees. I’m telling you the same thing now. If you think that Mr. Trump will be president (and your guess is as good as mine), my advice to you would be to proceed full steam ahead and not to wait. If Mr. Trump is elected, I want you to proceed with your adoption as quickly as possible, obtain guardianship and file all immigrant visa applications. You should not delay for any reason in moving forward with your adoptions to avoid falling under any potential new laws or regulations or orders.
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