Simone Lawson
The concept of a Muslim registry has been a part of the political discourse in the United States, particularly during Donald Trump's presidential campaign and transition. While Trump and his advisors have been perceived to support the idea of a Muslim registry, they have also faced strong opposition and criticism. The proposed registry, in the context of US immigration, would target Muslims entering or residing in the country. This has raised concerns about religious discrimination and profiling, with some arguing that it violates the First Amendment right to freedom of religion. While federal district courts have not deemed similar programs like NSEERS (National Security Entry-Exit Registration System) unconstitutional, there are ongoing legal challenges and debates about the potential discrimination and impact on Muslim communities.
| Characteristics | Values |
|---|---|
| Muslim registry in the past | Yes, through the National Security Entry-Exit Registration System (NSEERS) |
| NSEERS implementation date | Post-9/11 |
| NSEERS impact | More than 90,000 Muslims registered, 14,000+ Muslim boys and men deported, and thousands interrogated and detained |
| NSEERS status | Ended in 2011 by the Obama administration, but the regulatory framework was left intact |
| Trump's stance on the Muslim registry | Has not outright rejected the proposal, but his team has denied that he advocated for it |
| Trump's actions related to the Muslim community | Issued an Executive Order banning individuals from seven Muslim-majority countries from entering the US |
| Constitutionality of a Muslim registry | Unconstitutional according to civil rights groups, legal experts disagree |
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What You'll Learn
NSEERS: a failed national security measure
NSEERS, or the National Security Entry-Exit Registration System, was a program that required those entering the U.S. from 25 countries to register. It was implemented in the months after the September 11, 2001, terrorist attacks and was presented as a necessary national security measure.
While NSEERS resulted in the deportation of over 14,000 Muslim men and boys, it produced zero terrorism prosecutions. The program was widely deemed counter-productive in preventing terrorism and resulted in the negative profiling of Muslim communities. More than 90,000 Muslims underwent registration, and thousands were subject to interrogation and detention. Failure to comply with the special registration requirements often had devastating consequences, including midnight raids by armed immigration agents, family separation, and deportation. Many students and workers visiting on temporary visas were forced to forego their educational and professional aspirations.
In 2011, the Obama administration suspended NSEERS by delisting the 25 countries, officially ending the program. However, the underlying regulatory framework was left in place, leaving NSEERS ripe for swift activation by a future administration.
Despite its controversial nature and lack of success in improving national security, NSEERS was never found to be unconstitutional. Attempts to constitutionally challenge the program failed in federal district courts across the country, and in 2008, a federal appellate court also ruled in favor of the program.
In conclusion, NSEERS proved to be a failed national security measure that resulted in the unnecessary targeting and deportation of thousands of Muslims, with no positive impact on terrorism prevention.
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Trump's promise of extreme vetting
The concept of a "Muslim registry" was brought into the public political discourse by Donald Trump. This would have been a federal database registering all Muslims in the United States, including green card holders and citizens. While Trump and his advisors' actions may have undermined the perceived constitutionality of such a registry, it is important to note that a similar program has existed in the past. The National Security Entry-Exit Registration System (NSEERS) was a post-9/11 national security measure that resulted in the deportation of over 14,000 Muslim boys and men, yet produced zero terrorism prosecutions.
Trump's promise of "extreme vetting" was a major component of his 2016 election campaign. In January 2017, Trump signed an executive order for the "extreme vetting" of immigrants, which would "'limit the flow' of immigrants entering the United States. This was to be achieved by screening potential immigrants for 'hostile attitudes towards our country or its principles' and banning them accordingly. Trump's communications director, Jason Miller, clarified that Trump planned to "suspend admission of those from countries with high terrorism rates and apply a strict vetting procedure for those seeking entry in order to protect American lives".
Trump's extreme vetting policy was a response to the deadly attack on a New York City bike path by an immigrant from Uzbekistan. In the hours following the attack, Trump tweeted:
> "I have just ordered Homeland Security to step up our already Extreme Vetting Program. Being politically correct is fine, but not for this!"
In practice, Trump's promise of extreme vetting has been labelled "enhanced vetting", which has been implemented in regards to the U.S. Refugee Admissions Program. This has included a temporary immigration ban on people from seven Muslim-majority countries, which triggered protests at airports across the country and numerous legal challenges. However, it is important to note that there are over 40 different Muslim-majority countries that have not been affected by this order.
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Discrimination and the First Amendment
The concept of a "Muslim registry" has been a part of the public political discourse in the United States, with Donald Trump's presidential campaign signalling support for tracking Muslims in the country. This proposal has sparked widespread debate and concern over its potential discrimination and infringement on religious freedom.
The proposal for a Muslim registry has raised concerns about potential discrimination on the basis of religion, which is unconstitutional under the First Amendment. Civil rights groups, such as the American Civil Liberties Union (ACLU), have threatened legal action if any such registry is implemented. They argue that targeting individuals based on their religion is a form of religious discrimination and a violation of the First Amendment's guarantee of freedom of religion. The ACLU has stated that they will sue if the government creates a Muslim registry, regardless of whether it is explicitly named as such.
While the federal government has the authority over immigration and border control, certain types of national-origin-based discrimination are permitted at the borders. However, the proposed Muslim registry goes beyond immigration and targets individuals who are already in the country, including green card holders and citizens. This broad scope raises further concerns about the unconstitutional discrimination of a specific religious group.
Additionally, the impact of a Muslim registry on Muslim communities cannot be overlooked. In the past, similar programs like the National Security Entry-Exit Registration System (NSEERS) have had negative consequences, including the deportation of over 14,000 Muslim men and boys, midnight raids by armed immigration agents, and the disruption of families and communities. The NSEERS program also failed to produce any terrorism prosecutions, calling into question its effectiveness as a national security measure.
While some constitutional law experts argue that a Muslim registry would likely pass constitutional muster before a judge, there is also recognition that it would be a "terrible policy" and "discriminatory." The moral and political weight of the opposition to such a registry cannot be ignored, and there is a strong resistance to the idea from various organizations and individuals.
In conclusion, the proposal for a Muslim registry in the United States raises significant concerns about discrimination and the protection of religious freedom under the First Amendment. While the federal government has broad powers over immigration, targeting individuals based solely on their religion is widely seen as unconstitutional. The potential impact on Muslim communities and the lack of demonstrated effectiveness in improving national security further strengthen the argument against implementing such a discriminatory policy.
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The role of technology companies
Facebook, for example, has been accused of already possessing the data necessary to create a Muslim registry. According to some sources, the company could easily provide a list of self-attested Muslims in the United States by running a simple query on its platform. This accusation highlights the potential for technology companies to inadvertently contribute to the creation of a Muslim registry, even if they do not actively support such an initiative.
However, numerous prominent technology companies have publicly vowed not to cooperate with any federal efforts to build a Muslim database. These companies recognize the ethical implications and potential for abuse if such a registry were to be created. Their refusal to participate is a significant obstacle to the creation of a comprehensive Muslim registry, as it limits the government's access to the necessary data and technical expertise.
The stance taken by technology companies reflects a broader societal debate surrounding the ethics of data usage and privacy. While some argue that data collection can be leveraged for national security purposes, others caution that it can easily lead to discrimination and the violation of civil liberties. This tension is particularly evident in the context of a Muslim registry, which many view as a form of religious discrimination and a threat to the First Amendment right to freedom of religion.
In conclusion, the role of technology companies in the creation of a Muslim registry is multifaceted. While some companies may possess data that could be used for this purpose, the ethical stance of the tech industry as a whole has been largely opposed to such initiatives. Their resistance underscores the importance of considering the potential consequences of data usage and the need to safeguard against discriminatory practices.
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The impact on Muslim communities
The impact of a Muslim registry on Muslim communities has been widely discussed, with many anticipating negative consequences. A Muslim registry would be a government-maintained database of people whose country of origin is one where Islam is the dominant political and legal system, or people who identify as adherents to Islam and reside in or are visiting the country maintaining the database.
The National Security Entry-Exit Registration System (NSEERS) has been in place in the past and resulted in the deportation of over 14,000 Muslim men and boys, with thousands more subjected to interrogation and detention. This led to the tearing apart of families and the closure of small businesses and community organizations in predominantly immigrant neighborhoods. Many students and workers visiting on temporary visas were also forced to forego their educational and professional aspirations. The NSEERS program produced zero terrorism prosecutions, and while it was deemed counter-productive in preventing terrorism, it was never found to be unconstitutional.
The proposal of a Muslim registry has terrified Muslims, and civil rights groups have threatened to sue if such a registry is implemented. A federal database registering all Muslims in the United States would almost certainly constitute unconstitutional discrimination. The creation of such a registry would also meet with strong resistance, as seen in the uproar following comments made by Trump advisor Carl Higbie about the internment of Japanese-Americans as a precedent.
The impact of a Muslim registry would likely be far-reaching and detrimental to Muslim communities, with potential consequences including deportation, interrogation, detention, and the disruption of lives and communities.
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Frequently asked questions
It is unconstitutional to discriminate on the basis of religion, and civil rights groups have threatened to sue if a Muslim registry is implemented. A federal database registering all Muslims in the United States would constitute unconstitutional discrimination.
Yes, the National Security Entry-Exit Registration System (NSEERS) was a program that required men (not women) from countries declared as "havens for terrorists" by President George W. Bush to undergo fingerprinting, take photos, and be interviewed at immigration offices. While it was not explicitly a Muslim registry, 24 out of 25 countries on the list had mostly Muslim populations.
NSEERS resulted in the deportation of over 13,000-14,000 Muslim boys and men and thousands more were subject to interrogation and detention. It produced zero terrorism prosecutions and had a lasting negative impact on Muslim communities.
