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Obama Administration Defends Visa Denial To Muslim Scholar

By Howard M. Friedman

Reuters reports on arguments last Tuesday before the U.S. Second Circuit Court of Appeals in the case of Muslim scholar Tariq Ramadan who is appealing the denial of a visa by U.S. consular officials. Originally Ramadan sought admission to the U.S. to accept tenured position at the University of Notre Dame. After that became impossible, he continued his request, hoping to attend other academic events in the United States. The district court upheld the government's argument that it could exclude Ramadan because he had contributed funds to an organization which he knew, or should have known, provided funds to Hamas, a Designated Foreign Terrorist Organization. (See prior posting.) Civil liberties had hoped that the Obama administration would reverse what they say was a Bush administration policy to exclude foreign scholars from visiting the U.S. because of their political beliefs. However the government continued to defend the denial, arguing that "consular decisions are not subject to litigation." Assistant U.S. Attorney David Jones said that the decision to continue to deny Ramadan's visa was taken "upwards in the State Department."

Full post as published by Religion Clause on March 27, 2009 (boomark / email).