US must come clean on denial of entry to family

There is a utter lack of transparency when it comes to the treatment of Muslims visiting the United States, writes HA Hellyer

The US must clarify its visa laws when it comes to Muslim visitors. Haidar Hamdani / AFP Photo

Earlier this week, the British media reported that a British Muslim family were stopped from boarding a flight to the United States.

Their destination was the holiday resort of Disneyland in California – but they ended up having to return home, more than £9,000 (Dh49,000) out of pocket. Is this a new trend – or is it an old tendency – or no pattern at all?

As British citizens, this family had applied for and received a visa waiver to the United States. Such an application is fairly simple – it happens online, and decisions are made rather quickly.

This family’s visa waiver had been withdrawn, without prior notification, after confirmation of acceptance.

It’s not the first time, however – it’s not even the first time this month. A British Muslim figure, preacher Ajmal Masroor, who previously stood for a parliamentary seat as a member of the Liberal Democrats in 2010, had a business visa for the US when he tried to travel earlier in the month – he was also pulled aside at the airport, and told by an American official that his visa had been cancelled. No explanation was given to him, just as it was not given to the family on their way to Disneyland.

Therein lies the crux of the issue – the utter lack of transparency.

Over the course of the Republican race to become the party’s presidential nominee, front-runner Donald Trump has called for a “ban” on Muslims entering the United States. He has no ability to enforce that policy – and it would be illegal in any case – but has his suggestion meant an empowering of officials who would deny entry to Muslims? Not as a formal policy, but as an informal measure that individual bureaucrats might feel more brazen about carrying out?

That remains unclear – particularly as the precedent for such denials may stretch much farther back than 2015.More than 10 years ago, I visited the US as part of an official UK delegation looking at extremism, in the aftermath of the July 7, 2005 bombings in London. One Muslim member of our delegation – who had been appointed to a governmental task force to tackle radicalisation and extremism – was halted at the US border, and questioned. To the US border police it did not matter why he was in the country – and nor should it have – but any transparency about why he was questioned was not forthcoming.

In the intervening time, between 2005 and 2015, I’ve known many Muslims (particularly men) complain about being “randomly” stopped upon entry into the United States, regardless of what passports they possess, or what visas they hold. After being stopped a few times, the “random” justification becomes less plausible. The lack of transparency doesn’t help matters, especially when it can easily appear to be almost vindictive.

Only this past week, a well-known Muslim Arab analyst told me he’d been delayed at his departure point, about to board a flight to the US. He was held up until he missed the flight – but only just. A minute after the flight took off, he was told, “You’re good to go – but not today.” His only conclusion was that the delay had been deliberate – but, again, no reason was given.

In this case, however, the United States has something of a case to answer in the court of public opinion.The British Muslim family that were stopped did precisely what they should have done. They publicised it, and they went to their elected representative in Parliament, who subsequently raised it with the British prime minister, David Cameron. Mr Cameron now has a responsibility to fulfil.

It may well be that there was cause to turn these Brits back – anything is possible. If so, however, then the American authorities have to explain that cause – either to the citizens themselves, or to the British authorities.If there is a security issue, then the British authorities ought to be aware of it – and if there is an accusation, then those citizens have the right to respond and reply. As of yet, the British authorities have not been involved at all.

Mr Cameron recently declared that Mr Trump’s remarks about banning Muslims from the entering the US were “stupid, divisive and wrong”. He now has an opportunity – or rather, a responsibility – to follow that with another statement: “Don’t mess with our citizens’ freedom of movement without cause – and if you have cause, then show it.”

That is a responsibility every nation has the right and the duty to fulfil – and there is no reason why the UK should not do so.

Dr HA Hellyer is an associate fellow at the Royal United Services Institute in London, and a non-resident senior fellow at the Rafik Hariri Centre for the Middle East at the Atlantic Council in Washington, DC

On Twitter: @hahellyer