ASA Files Complaint Against the U.S. Government for Excluding South African Scholar from the United States

The American Civil Liberties (ACLU), on behalf of the American Sociological Association (ASA) and four other associations, filed a legal complaint on September 25, 2007, against the United States government for excluding prominent South African scholar Adam Habib from entering the United States. The lawsuit, filed with the U.S. District Court in Boston, seeks clarification of rights relative to free speech, constitutional guarantees, and injunctive relief from the U.S. Department of State and the Department of Homeland Security so that Habib can enter the country. The ASA is joined by the American Association of University Professors (AAUP), the Arab American Anti-Discrimination Committee’s (ADC) Massachusetts Chapter (ADC-MA), and the Boston Coalition of Palestinian Rights (BCPR).

Until recently, Professor Habib, renowned scholar and a vocal critic of the war in Iraq, traveled frequently to and from the United States. However, in October of 2006, Customs and Border officials revoked Habib’s visa, without explanation, upon his arrival at John F. Kennedy Airport in New York City. On May 11, 2007, Professor Habib filed an application for another visa to attend the ASA Annual Meeting in New York City from August 10-14, 2007. The U.S. government failed to act on his visa application, causing Dr. Habib to miss his speaking engagement (see ASA’s August 10 press release at www.asanet.org).

Since then, Professor Habib has informed the U.S. government of upcoming invitations to speak at U.S. events hosted by the ASA, AAUP, ADC, ADC-MA, and the BCPR, but his visa application continues to languish without explanation. Habib is an Americaneducated PhD and is the Deputy Vice-Chancellor of Research, Innovation and Advancement at the University of Johannesburg. He is also a Muslim of Indian descent.

The ASA and other plaintiff organizations are seeking an order compelling the government to immediately make a decision regarding Habib’s pending visa application. They declare that the defendants’ exclusion of Habib violates the First Amendment rights of U.S. organizations and individuals who have invited him to speak in the country. The complaint also demands an injunction barring the defendants from excluding Professor Habib on the basis of speech that U.S. residents have a constitutional right to hear.

Academic freedom is fundamental to ASA’s mission, which rests upon the ability of scholars from wide-ranging perspectives to engage in dialog that nurtures scientific development to the benefit of the larger society. Academic freedom is the hallmark of American democratic culture. It has allowed scientists, intellectuals, and their scholarly societies to flourish and create one of the world’s most dynamic educational systems and robust knowledge-based economies. ASA opposes the use of visa denials or de facto denials, in general, based on ideological grounds, because such action suppresses free intellectual exchange. The United States has a long and enviable history as the world’s foremost host to scholars and as a supporter of intellectual exchange with many social and economic benefits.