Posted on 05/07/2007 6:06:36 AM PDT by stan_sipple
For two years, Bolivian scholar Waskar Ari has puzzled over why his request for a work visa to teach Latin American history in Nebraska wasnt approved.
After all, he had lived in the United States for a decade, receiving a doctorate from Georgetown University, teaching at Western Michigan University and working as a postdoctoral fellow at the University of Texas.
Then the U.S. Department of Homeland Security got involved.
Ari is one of a growing number of foreign scholars whose visas have been revoked, denied or delayed based on their ideology or political views, say civil rights groups and attorneys.
Its a frustrating process that discourages many talented scholars from coming to the United States, said Jameel Jaffer, director of the national security project for the American Civil Liberties Union.
Our concern is that the government is using immigration laws as a way of censoring the academic community, Jaffer said. Especially now, its important that Americans not let the U.S. government act as a filter for ideas.
Aris troubles began shortly after the University of Nebraska-Lincoln hired him in June 2005 to teach courses on Latin American history.
When he tried to re-enter the United States after a brief visit to Bolivia during summer 2005, he was told his visa petition had been delayed and that the U.S. Embassy in La Paz, Bolivia, had been told by the State Department to cancel all existing visas.
Ari said he was given no explanation and still doesnt know why the visas were canceled.
I came to Bolivia for a short family visit ... but since then the world has been upside down for me, Ari said by e-mail.
The university, which had petitioned the U.S. Citizenship and Immigration Services for Aris visa and paid a $1,000 processing fee so he could enter the country in time to start teaching, decided to fight.
The university decided to make a stand on this, said Peter Levitov, the universitys associate dean of international affairs. Hes already considered part of the family in the history department.
UNL filed a lawsuit in U.S. District Court for the District of Columbia against the Department of Homeland Security, questioning whether the background checks the department is conducting on Ari are authorized by law and whether the department has the authority to withhold or delay action on the petition.
Even assuming the department has such authority, UNL maintains that 22 months is more than sufficient time to conclude background checks on a Bolivian academic who seeks merely to teach in the United States, according to a statement.
The department had a limited time to respond to the lawsuit, and on Thursday near the deadline approved Aris petition for a work visa.
What we dont know is why they made that decision, said Michael Maggio, a Washington attorney representing the university. The department offered no explanation, and messages left for representatives at the department by The Associated Press werent returned Friday. Department officials in the past have refused to comment on the case.
The change of heart could be because the departments legal counsel decided the authority couldnt be defended in court, Maggio said. Or the security checks may have been completed and Ari has been cleared of suspicion.
Ari is an expert in the history of indigenous peoples, especially in Bolivia, whose first indigenous president, Evo Morales, is an outspoken critic of the Bush administrations policies in the region and a supporter of Venezuelan President Hugo Chavez.
Ari said he met Morales once, at a large Indian youth meeting in Oruro sometime between 1979 and 1981. He forgot about the meeting until his visa troubles began and a friend reminded him.
Ari and Morales both are Aymara Indians an indigenous people of Bolivia but Ari said their political views differ.
While I am sure this is a terrible misunderstanding, I think it might be a wrong interpretation about my popular writing regarding indigenous rights in the Americas history, Ari said.
Ari now must apply for a visa at the U.S. Consulate in La Paz. He hopes another round of security checks doesnt cause further delays.
I will only believe this nightmare has gone when I arrive to Lincoln, Ari said.
The ACLU says Aris case is similar to that of Tariq Ramadan, a Swiss citizen and Muslim scholar who teaches at Oxford University. He was denied a temporary business and tourism visa in 2004 after the State Department said he provided material support to a terrorist organization.
The ACLU said the U.S. government told Ramadan he was being excluded because he donated $765 to French and Swiss organizations that provide humanitarian aid to Palestinians.
The ACLU is fighting Ramadans exclusion in court and more broadly asking a federal judge to find it unconstitutional for government to exclude people on ideological grounds.
The history department at Nebraska is delighted with Homeland Securitys decision to move along the process, said Ken Winkle, chairman of the department.
In the meantime, Ari is teaching at the Universidad Mayor de San Andres in Bolivia. Salaries are low, and Ari said he also does international consulting and gives talks throughout the country.
Ari wonders whether someone in Bolivia is trying to hurt him by saying wicked things about me to the U.S. security system, knowing that United States is sensitive to perceived connections with anti-American groups,
But Ari says hes looking forward to the day he can start teaching at Nebraska: I will wait whatever time is necessary. I know that this only a terrible misunderstanding and truth will come up at the end.
I say keep out anyone who say bad things about America, we already have enough liberal Democrats doing that in country.
Considering universities are falling all over themselves to get their token terrorist in the classroom...
Sounds like we are better off without him anyway.
When I was looking for a history position I interviewed at Toronto, but they had a policy that preferred Canadians. Then I beat out 99 others for a lousy post. Hire American!
There is no “civil right” to enter this country if you are a non-citizen, espcially one who seems to sympathize with Palestinian terrorists. I think the students in Nebraska will survive without him. Bolivia is turning into a Chavez-style marxist hell hole.
This clown was in the US for 10 years, if he treasured this country so much why didn’t he use some of this time to become a citizen? We know his allegiance is not to this country.
Theres no cap on Universities’ H1B visas, what about american grad students, where are they going to work?
Lots used to become taxi drivers.
” Jameel Jaffer, director of the national security project for the American Civil Liberties Union.”
“Jameel Jaffer?” That’s an Irish name, right?
thats the goal of the University of Nebraska
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