In 2007, Adam Habib was one of many Americans denied a visa to the US. Unlike many Americans, Habib also happened to be an American-trained Ph.D. and Executive Director of the Human Science Research Council’s Program on Democracy and Governance, based in South Africa. He had been invited to speak at the 2007 annual meeting of the American Sociological Association held that year in New York City.
A Muslim and vocal critic of the war in Iraq, Habib was denied entry in the country for unspecified “national security reasons.” He was detained at the airport, where his visa was revoked and he was forced to return to South Africa.
Friends of Habib believe, however, that the government simply chose not to allow Habib entry because it does not like his political views. In 2007, the ACLU filed suit against the government on behalf of Habib and a number of other organizations including the American Sociological Association and the American Association of University Professors. The following year, Judge George A. O’Toole, Jr. of the U.S. District Court for the District of Massachusetts ruled that the government must explain why the visa was denied; to date, the government has refused to do so.
At the border, Habib was given a cite to a statute in the US Immigration and Nationality Act which allows the US to deny entry to “a person who has either engaged in terrorist acts or who has signaled an intention to engage in a terrorist act.” To date, the government has not given any indication of why Habib would be on the list.
“I think it’s completely outrageous,” says Dr. Habib. “I asked specifically what exactly have I done to have you guys conclude that I’m a terrorist. [They said]: ‘The State Department doesn’t enter into that specificity of detail.’”
Larry Schwartztol, an attorney at the ACLU, believes that the denial of the visa was really focused on Habib’s anti-war views. He claims, “the ideological exclusion of scholars like Adam Habib violates the First Amendment rights of those who seek to meet with foreign scholars.”
Adds Melissa Goodman, also an attorney for the ACLU involved in the case, “This is a problem that is much bigger than just Professor Habib. Since 9/11, writers, artists, and other have found it much more difficult to get into the US. What they have in common is that, like Professor Habib, they are vocal critics of US foreign policy.”
While the US government has a great deal of discretion at the border to deny entry, cases involving allegations of discrimination based on the First Amendment (freedom of speech) raise a different level of scrutiny. Immigration officials and attorneys will be watching this one closely.
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