|
The ACLU is
challenging ideological exclusion in two cases concerning the exclusion of
foreign scholars Tariq
Ramadan and Adam Habib. The lawsuits charge that Department of
Homeland Security Secretary Michael Chertoff and Secretary of State Condoleezza
Rice are violating Americans' First Amendment right to hear Ramadan and Habib’s
speech. The suits are filed on behalf of academic, religious and professional
organizations that have invited these scholars to speak in the U.S.
The plaintiffs in the suit challenging Ramadan’s exclusion are the
American Academy of Religion, the American Association of
University Professors, and PEN American
Center. The plaintiffs in
the suit challenging Habib’s exclusion are the American Sociological
Association, the American Association of University Professors, the
American-Arab Anti-Discrimination Committee, and the Boston Coalition for
Palestinian Rights.
Ramadan is a Swiss professor and leading scholar of
the Muslim world; he has published 20 books and more than 700 articles on
subjects including Muslim identity, democracy and Islam, human rights and Islam,
the practice of Islam in Europe and Islamic
law. In 2004, Ramadan was set to teach at the University of Notre Dame until the
government barred him from re-entering the United
States by invoking the “ideological exclusion”
provision, a law that allows the government to deny entry to those who “endorse
or espouse terrorism.” When challenged in court, government attorneys failed to
produce any evidence showing that Ramadan had endorsed terrorism, and during the
course of litigation, they abandoned the allegation altogether. Ramadan's case,
American Academy of Religion v.
Chertoff, is being litigated before the 2nd Circuit Court of Appeals
in New
York.
Currently Deputy Vice-Chancellor of
Research, Innovation and Advancement at the University of Johannesburg , Adam Habib is a
world-renowned researcher, scholar, and political commentator. He is an expert
on issues of democracy, governance, race, and South African politics, public
policy, and social movements. Professor Habib is also a vocal critic of various
aspects of U.S. foreign
policy, including the war in Iraq . Habib was a frequent traveler
to the U.S. and earned a degree from the
City University of New York. But when he arrived at John F. Kennedy
Airport in October 2006,
Customs and Border officials revoked Professor Habib's visa without explanation.
As a result, Habib was unable to attend scheduled meetings with U.S.-based
scholars and representatives from U.S. and international agencies,
universities, and foundations.
In May 2007, Habib
applied for a new visa that would allow him to travel to the U.S. to
attend speaking engagements, including the American Sociological Association’s
Annual Meeting. In September 2007,
U.S. organizations that have
invited Professor Habib to speak in the U.S. during the upcoming year filed a
lawsuit seeking the immediate processing of Professor Habib’s visa application
and a declaration that his exclusion without explanation violates their First
Amendment right to hear his ideas.
In November 2007, the State Department refused Habib a visa after months
of inaction, claiming that he is barred because he has "engaged in terrorist
activities," but the government failed to explain the basis for its accusation,
let alone provide any evidence to prove it. The case, American Sociological Association v.
Chertoff, is being litigated before the United States District Court
for the District of Massachusetts and demands that the government justify its
ban on Habib or grant him a visa.
|
