'Ideological exclusion provision'

BC psychotherapist denied entry after border guard googled his work.

By Linda Solomon

Andrew Feldmar, a well-known Vancouver psychotherapist, rolled up to the Blaine border crossing last summer as he had hundreds of times in his career. At 66, his gray hair, neat beard, and rimless glasses give him the look of a seasoned intellectual. He handed his passport to the U.S. border guard and relaxed, thinking he would soon be with an old friend in Seattle. The border guard turned to his computer and googled "Andrew Feldmar."

The psychotherapist's world was about to turn upside down...

He was told to sit down on a folding chair and for hours he wondered where this was going. He checked his watch and thought hopelessly of his friend who was about to land at the Seattle airport. Three hours later, the official motioned him into a small, barren room with an American flag. He was sitting on one side and Feldmar was on the other. The official said that under the Homeland Security Act, Feldmar was being denied entry due to "narcotics" use. LSD is not a narcotic substance, Feldmar tried to explain, but an entheogen. The guard wasn't interested in technicalities. He asked for a statement from Feldmar admitting to having used LSD and he fingerprinted Feldmar for an FBI file.

Then Feldmar disbelievingly listened as he learned that he was being barred from ever entering the United States again. The officer told him he could apply to the Department of Homeland Security for a waiver, if he wished, and gave him a package, with the forms.

The border guard then escorted him to his car and made sure he did a U-turn and went back to Canada...

"This is about the marriage of the war on drugs and the war on terror, and the blind, bureaucratic mindset it encourages. Government surveillance in the name of the war on drugs and the war on terror is in danger of making us all open books to zealous governments. As someone mentioned at a privacy conference I attended in London, U.K., several months ago, all the tools for an authoritarian state are now in place; it's just that we haven't yet adopted authoritarian methods. But in the area of drugs, maybe we have."

Feldmar was in the process of considering whether to apply for a waiver when he sought help from Ethan Nadlemann, director of the Drug Policy Alliance in New York, whose financial backer is another Hungarian, George Soros.

Nadlemann was outraged. "Nobel Peace prize winners, some of the great scientists and writers in the world have experimented with LSD in their time. We know people are being pulled out of lines and racially profiled as part of the war against terrorism. But this is a different kind of travesty, banning someone because they used a substance in another country thirty years ago," he said.

In February he wrote Feldmar, "Not that it helps much, but I just want you to know that I have not forgotten you or your situation. I feel frustrated vis a vis the media, and on other avenues, but I am not forgetting. I really think this situation is absurd, and an ominous omen of things to come."

When Feldmar was barred from entering the U.S., he joined the ranks of other intellectuals and artists. Pop singer Cat Stevens was turned back from the U.S. in 2004, after being detained. Bolivian human rights leader and lawyer, Leonida Zurita Vargas was prevented from entering in February of 2006. She was planning to be in the U.S. as part of a three week speaking tour on Bolivian social movements and human rights. The tour would have taken her to Vermont, Harvard, Stanford and Washington D.C., but she never got beyond the airport check-in at Santa Cruz, Bolivia where she was informed her ten-year visa had been revoked because of alleged links to terrorist activity.

The U.S. Department of Homeland Security denied Professor John Milios entry into the country upon his arrival at John F. Kennedy International Airport last June. Milios, a faculty member at the National Technical University of Athens, had planned to present a paper at a conference titled "How Class Works" at the State University of New York at Stony Brook. Milios told Academe Online that U.S. officials questioned him at the airport about his political ideas and affiliations and that the American consul in Athens later queried him about the same subjects. Milios, a member of a left-wing political party, is active in Greek national politics and has twice been a candidate for the Greek parliament. Milios's visa, issued in 1996, was set to expire in November. The professor had previously been allowed entry into the United States on five separate occasions to participate in academic meetings.

The American Civil Liberties Union, on behalf of the American Academy of Religion, the American Association of University Professors and PEN American Center, filed a lawsuit this year challenging a provision of the Patriot Act that is being used to deny visas to foreign scholars. They did this after Professor Tariq Ramadan, a Swiss intellectual, had his visa revoked under "the ideological exclusion provision" of the Patriot Act, preventing him from assuming a tenured teaching position at the University of Notre Dame. It's a suit that attempts to prevent the practice of ideological exclusion more generally, a practice that led to the recent exclusions of Dora Maria Tellez, a Nicaraguan scholar who had been offered a position at Harvard University, as well as numerous scholars from Cuba.

In March 2005, the ACLU filed a Freedom of Information Act request to learn more about the government's use of the Patriot Act ideological exclusion provision. Cuban Grammy nominee Ibrahim Ferrer, 77, who came to fame in the 1999 film Buena Vista Social Club, was blocked by the U.S. government from attending the Grammy Awards, where he was nominated for the Best Latin album award in 2004. So were his fellow musicians Guillermo Rubalcaba, Amadito Valdes, Barbarito Torres and the group Septeto Nacional with Ignacio Pineiro. The list goes on....

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Meanwhile Bush more than likely committed Election Fraud - among other crimes - and he is free to "rule" the country.