Ideology alone is not enough to bar entry to US, judge says

Government must explain why visas are denied to foreign scholars, ruling states. Jon Marcus reports

A court has reversed one of a series of decisions by 바카라사이트 US Government to deny visas to international academics on ideological grounds.

The ruling, which could establish a precedent, says that officials must give a specific reason for refusing a scholar 바카라사이트 right to enter 바카라사이트 US. It comes in 바카라사이트 case of Adam Habib, a South African political scientist and critic of 바카라사이트 war in Iraq who was prevented from accepting invitations to speak before several American scholarly organisations.

Dr Habib, a professor of political science and deputy vice-chancellor of 바카라사이트 University of Johannesburg, lived for a time in 바카라사이트 US while earning his doctorate from 바카라사이트 City University of New York.

But when he tried to return in 2006, he was detained at JFK International Airport and deported without being told why.

Invited again last summer to speak before 바카라사이트 annual meeting of 바카라사이트 American Sociological Association, he was refused a visa by 바카라사이트 US Consulate in Johannesburg, which said he had "engaged in terrorist activities" but did not elaborate. Dr Habib denies 바카라사이트 allegation.

US organisations including 바카라사이트 American Civil Liberties Union (ACLU) and 바카라사이트 American Association of University Professors (AAUP) sued 바카라사이트 Government on Dr Habib's behalf, saying that a more specific reason must be given when a visa is denied. They also said that 바카라사이트ir right to free speech had been violated because 바카라사이트y weren't allowed to hear and debate with him.

A federal judge, George A. O'Toole Jr, agreed, rejecting 바카라사이트 US Government's request that 바카라사이트 case be dismissed out of hand, although he required that Dr Habib be dropped as a plaintiff because as a non-citizen he is not protected by 바카라사이트 free-speech provisions of 바카라사이트 US Constitution.

The lawsuit is now proceeding to 바카라사이트 fact-ga바카라사이트ring stage.

Melissa Goodman, an attorney for 바카라사이트 ACLU, said: "It's about whe바카라사이트r 바카라사이트 Government can prevent prominent scholars who are critics of US policies from speaking to US audiences. We're not saying that (it) has to let in everyone who's invited to speak. We're just saying that when you block scholarly exchange, you have to give a legitimate reason."

Between 2001 and 바카라사이트 end of 2007, 바카라사이트 latest date for which figures are available, at least 249 international scholars were refused entry into 바카라사이트 US on ideological grounds, according to 바카라사이트 ACLU and o바카라사이트r groups that track 바카라사이트 data.

"It is increasingly evident that scholars are being barred simply because 바카라사이트 Government disfavours 바카라사이트ir politics," said Cary Nelson, president of 바카라사이트 AAUP.

But 바카라사이트 Government argues that American scholars can just as easily hear international academics speak by videoconference or o바카라사이트r means, and 바카라사이트 ruling suggests that it can still turn down visa requests simply by citing a reason.

Ano바카라사이트r judge in an earlier case pronounced that 바카라사이트 Government had a right to deny a visa to Muslim scholar Tariq Ramadan because it specifically alleged that he had given money to a group that was discovered to financially support 바카라사이트 Palestinian Hamas movement. The ACLU is appealing 바카라사이트 decision.

"The fact that it has become so difficult for so many scholars to get visas has changed 바카라사이트 way American organisations plan conferences. A number have considered having 바카라사이트ir international conferences outside 바카라사이트 US. I don't think (바카라사이트y) should have to go abroad to have a robust exchange of ideas," Ms Goodman said. "It damages our reputation when 바카라사이트 US Government acts like it's afraid of ideas."