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

Terrorist attacks throughout the world and particularly within the United States have given rise to a new chapter in the ongoing debate over liberty versus security. The most recent manifestation of this dispute focuses on whether Muslim refugees can be denied entry as a class into the United States, based on their religion alone, for fear they might be harboring potential terrorists. This Essay shows 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. What can be done is to engage a broader set of investigative approaches that are more likely to provide greater security than any policy focused on religion alone.