John Banzhaf on Extreme Vetting: Constitutional Protections Do Not Apply to Non-Citizens

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AP
Washington, DC

John Banzhaf, professor of public interest law at George Washington University Law School, spoke with Breitbart News Daily SiriusXM host Alex Marlow on Wednesday about profiling-based immigration security and the likelihood of Donald Trump’s concept of extreme vetting being challenged.

Banzhaf said:

Terrorist profiling, which Trump has apparently called immigration security in the context of immigration is something very different. … The reason there are so many talking heads running around saying everything is unconstitutional is they don’t know very much about the law. There is a long-standing rule called the plenary power doctrine, and what it says is that some of the protections guaranteed by the U.S. Constitution do not apply to non-citizens living abroad and seeking admission to the U.S.

Added Banzhaf:

One of our most famous law professors said this, quote, “The Supreme Court has held that consistently for more than a century that constitutional protections that normally benefit Americans and people on American territory do not apply when Congress decides who to admit, who to exclude as immigrants, or other entrants.”

“The court,” he went on, “has repeatedly turned away challenges to immigration statutes and executive actions on the grounds that they discriminate on the basis of race, national origin, political belief, etc.”

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