American Academy of Religion v. Napolitano - Case Profile

Tariq Ramadan is a Swiss professor and leading scholar of the Muslim world; he has published 20 books and more than 700 articles on subjects including Muslim identity, democracy and Islam, human rights and Islam, the practice of Islam in Europe and Islamic law. In 2004, Ramadan was set to teach at the University of Notre Dame until the government barred him from re-entering the United States by invoking the “ideological exclusion” provision, a law that allows the government to deny entry to those who “endorse or espouse terrorism.” When challenged in court, government attorneys failed to produce any evidence showing that Ramadan had endorsed terrorism, and during the course of litigation, they abandoned the allegation altogether. In July, the U.S. Court of Appeals for the Second Circuit reversed the district court ruling, finding the First Amendment rights of U.S. organizations are at stake when foreign scholars, artists, politicians and others are excluded.

Ramadan's case is part of a pattern of the United States government denying visas to foreign nationals whose political views the government disfavors. Once used to bar suspected Communists from entering the country, the practice of "ideological exclusion" was resurrected by the USA Patriot Act. Ideological exclusion violates Americans' First Amendment right to hear constitutionally protected speech by denying foreign scholars, artists, politicians and others entry to the U.S.

>>Learn more about Ideological Exclusion

RESOURCES
> Timeline of Ideological Exclusions
> Legal Background
> An Evening Without . . .
- Audio from the Event
- Photos from the Event

(Formerly AAR v. Chertoff)

PLAINTIFFS
> Tariq Ramadan
> American Association of University Professors
> American Academy of Religion
> PEN American Center

AAR V. NAPOLITANO APPEALS COURT DOCUMENTS
> ACLU's Reply Brief (8/1/2008)
> Government's Appeal Brief (7/11/2008)
> Brief of Amicus Curiae (5/5/2008)
> ACLU's Appeal Brief (4/28/2008)

AAR v. NAPOLITANO DISTRICT COURT DOCUMENTS
> Government's Reply (7/13/2007)
> Declaration of Martz (7/13/2007)
> Plaintiffs' Reply in Support of Summary Judgment (6/22/07)
> Government's Opposition to Summary Judgment and Cross-Motion in Support of Summary Judgment (5/21/2007)
> Government's 56.1 Statement (5/21/2007)
> Declaration of Kinder (5/21/2007)
> Declaration of Koval (5/21/2007)
> Declaration of Morris (5/21/2007)
> Declaration of Melissa Goodman (6/22/07)
> Amicus Brief of Latin American Studies Association (3/2/07)
> Plaintiffs' Motion for Summary Judgment (2/23/2007)
> Memorandum in Support of Motion for Summary Judgment (2/23/2007)
> Second Declaration of Tariq Ramadan (2/23/2007)
> Declaration of Jonathan Benthall (2/23/2007)
> Declaration of Jonathan Benthall: Exhibits (2/23/2007)
> Declaration of Jameel Jaffer (2/23/2007)
> Declaration of John R. Fitzmier/American Academy of Religion (2/23/2007)
> Declaration of Cary Nelson/American Association of University Professors (2/23/2007)
> Second Declaration of Michael Roberts/PEN American Center (2/23/2007)
> Statement of Undisputed Facts (2/23/2007)
> Amended Complaint for Declaratory and Injunctive Relief (2/2/2007)
> Opinion and Order (6/23/2006)
> Government's Memorandum Opposing Motion for Preliminary Injunction (4/25/2006)
> Declaration of Christopher Derrick (Consular Office) (4/25/2006)
> Reply Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction (4/7/2006)
> Government's Opposition to Certification of Need to Release Visa Records (4/6/2006)
> Government's Opposition to Plaintiffs' Motion for Preliminary Injunction (3/31/2006)
> Declaration of Christopher Dilworth (State Department) (3/31/2006)
> Plaintiffs' Motion for Certification of Need to Secretary of State to Release Visa Records (3/15/2006)
> Memorandum in Support of Plaintiff's Motion for Preliminary Injunction (3/15/2006)
> Declaration of Tariq Ramadan (3/15/2006)
> Declaration of Michael Roberts (3/15/2006)
> Declaration of Jane Buck (3/15/2006)
> Declaration of Barbara DeConcini (3/15/2006)
> Complaint (1/25/2006)

CASE: FOIA LAWSUIT
> Order to Produce Documents (1/20/2006)
> FOIA Complaint (11/10/2005)
> FOIA Request (3/16/2005)

- DOCUMENTS RELEASED UNDER FOIA (PDFS)
> Sept. 13, 2005 Exclusion
> Sept. 16, 2005 Exclusion
> Sept. 25, 2005 Exclusion
> Jan. 15, 2005 Exclusion
> Foreign Affairs Manual Excerpt
> CBP Office of Anti-Terrorism Memorandum (1)
> CBP Office of Anti-Terrorism Memorandum (2)