The First Amendment and the Claim That Muslim Emigrants Be Denied Entrance into the United States

Professor Vincent J. Samar examines whether the Establishment Clause of the First Amendment prevents the United States government from denying people entry into the United States based on religion alone in light of recent terrorist attacks around the world. Specifically, Professor Samar evaluates the practical implications of the present claim that potential Muslim emigrants into the United States can be denied entry based on religion alone. The Essay considers the United States' obligations under international human rights law to protect both the freedom of immigration and the freedom of religion, as well as the United States' compelling interest to protect national security. Professor Samar concludes that such a policy cannot be justified under the First Amendment Establishment Clause, as well the United States' expressed international commitments to preserving international human rights.