The ACLU's motion is contradictory...why strike down a law (barring
foreigners who endorse terrorism from entering the US) that  they maintain
is non-applicable because they say their client never endorsed terrorism.
They must admit that he endorses terrorism in order to have standing to
challenge a law that forbids the endorsement.  He's a known terrorist
supporter in Europe and, in fact, has also been blocked from entering
France.
 
-Bruce
 
 
Lawsuit Filed in Support of Muslim Scholar Barred From U.S. 

 
By  <http://query.nytimes.com/search/query?ppds=bylL&v1=JULIA
PRESTON&fdq=19960101&td=sysdate&sort=newest&ac=JULIA PRESTON&inline=nyt-per>
JULIA PRESTON
Published: January 26, 2006
New York Times

Citing the case of a prominent Muslim scholar who has been barred from the
United States, the American Civil Liberties Union filed a federal lawsuit
yesterday seeking to strike down a clause of the USA Patriot Act that bars
foreigners who endorse terrorism from entering to this country. 

Tariq Ramadan, a visiting professor at Oxford University and a citizen of
Switzerland, has been denied a United States visa since July 2004.  
 
The suit was filed in Federal District Court in Manhattan on behalf of the
scholar, Tariq Ramadan, and three national organizations of academics or
writers who have invited him to speak to their members. The groups,
including the American Academy of Religion, the leading American
organization of scholars of religion, say Mr. Ramadan has never expressed
support for terrorism. They also argue that the Patriot Act clause has been
applied to stifle academic debate in the United States.

Mr. Ramadan, a Swiss citizen, has been denied a United States visa since
July 2004, when he was on the verge of moving with his family to Indiana to
take up a tenured professor's position at the Joan B. Kroc Institute for
International Peace Studies at the University of Notre Dame.

In a telephone interview from Oxford University in England, where he is
currently a visiting professor, Mr. Ramadan said he had never had an
explanation why his visa was revoked, after he had been approved to teach at
Notre Dame and had been a frequent traveler to the United States for many
years.

"It's clear there is nothing in my record supporting terrorism," Mr. Ramadan
said.

Speaking to reporters in August 2004, a spokesman for the Department of
Homeland Security, Russ Knocke, cited the Patriot Act clause as the reason
that Mr. Ramadan's visa was canceled. The clause, adopted when the act was
passed in 2001 and amended last May, bars foreigners who "endorse or espouse
terrorist activity or persuade others" to support terrorism.

The author of some 20 books on Islamic theology and the place of Muslims in
the Western world, Mr. Ramadan, 43, is an outspoken critic of the Bush
administration's policies in the Middle East. He has also rejected Muslim
terrorism, calling it "anti-Islam." Last August, he was invited by Prime
Minister
<http://topics.nytimes.com/top/reference/timestopics/people/b/tony_blair/ind
ex.html?inline=nyt-per> Tony Blair to participate in a task force to counter
extremism after the London bombings in July.

The A.C.L.U., joined by the New York Civil Liberties Union, brought the suit
against Michael Chertoff, the homeland security secretary, and Secretary of
State
<http://topics.nytimes.com/top/reference/timestopics/people/r/condoleezza_ri
ce/index.html?inline=nyt-per> Condoleezza Rice, asserting that the Patriot
Act clause is unconstitutional and that the ban on Mr. Ramadan violates the
First Amendment rights of American thinkers who want to meet with him. The
American Association of University Professors and the PEN American Center
are also plaintiffs.

After Notre Dame applied a second time for a visa for Mr. Ramadan and he
waited for five months with no response, Mr. Ramadan resigned in December
2004 from his position there. R. Scott Appleby, the director of the Kroc
center, said the government never gave an explanation to the university.
Notre Dame saw Mr. Ramadan as a theologian who could help build ties between
Middle Eastern Muslims and the West, Mr. Appleby said.

Mr. Ramadan filed a new visa application on Sept. 16, after receiving about
40 invitations for speaking engagements in the United States over the past
year. Interviewed in December in Bern, Switzerland, by agents of the
Homeland Security and State Departments, Mr. Ramadan said he was mainly
questioned about his views of the war in Iraq.

"I told them what I have said many times publicly, that I think the war was
a mistake and illegal," he said. "Even the United Nations has said that. I
think the resistance is legitimate but the means they are using are not."

A State Department spokeswoman, Janelle Hironimus, confirmed Mr. Ramadan's
2005 visa application but said the department did not comment on pending
visa or legal matters.

Mr. Knocke of the Department of Homeland Security also declined comment on
the suit or Mr. Ramadan's status. But he noted that the criteria for
revoking visas included "public safety and national security risks," among
others.

"We have a strong commitment and clear responsibility to restore integrity
to our immigration system, which includes preventing people who might
present risks from entering the country," Mr. Knocke said.

The controversy about Mr. Ramadan's ideas arises in part because he is the
grandson of Hasan al-Banna, a founder in 1928 of the Muslim Brotherhood, an
Egyptian group that has turned to violent attacks in recent decades. Some
critics say that he speaks with two voices, espousing moderate views in
Europe but embracing more militant ideas when he addresses Muslims in the
Arabic world.

Barbara DeConcini, the executive director of the American Academy of
Religion, described Mr. Ramadan as "one of the most respected scholars of
Islam working today." 

He was invited to give a keynote address at the group's annual meeting in
November, Ms. DeConcini said, but without a visa he was limited to giving a
lecture to a small audience by videoconference, which she called a poor
substitute for his participation in the group's discussions. He has been
invited to address the next annual meeting, she said.

While the government has the authority to exclude terrorists, Ms. DeConcini
said, the Patriot Act clause "is being used much more broadly to censor and
manipulate academic and political debate."

Mr. Ramadan said the ban had damaged him professionally, and the disruption
had been jarring to his wife and children. He said he has not been offered
another tenured university position.



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