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UNL sues Department of Homeland Security

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By MELISSA LEE / Lincoln Journal Star

Monday, Mar 05, 2007 - 11:54:20 pm CST

The University of Nebraska-Lincoln has sued the Department of Homeland Security in a ramped-up effort to bring a long-awaited hire to the United States.

UNL filed a lawsuit Friday in U.S. District Court asking a judge demand federal officials to consider the visa petition of Waskar Ari, a Bolivian professor hired by UNL in 2005 to teach courses on Latin American history.

Ari has been stuck at home in La Paz for nearly two years as officials stall approval of his work visa for security-related concerns.

Story Photo
Waskar Ari

His Washington, D.C.-based attorney, Michael Maggio, believes the delay may be thanks to a mistaken suggestion Ari is linked to Bolivian president Evo Morales, a frequent and harsh critic of the Bush administration.

Maggio, also one of two lawyers representing UNL in its lawsuit, says the idea is “preposterous.” And he’s not convinced homeland security officials were even authorized to conduct such an extensive background check on Ari — hence the basis for the suit.

“We don’t know what they were thinking, and we don’t even know if they were thinking at all,” Maggio said Monday from his Washington office. “And you wouldn’t think it would take this long to figure out who’s the naughty and who’s the nice.”

The Department of Homeland Security now has 60 days to file a response, Maggio said.

It might try to fight, but it also may decide to save time and resources by moving forward with Ari’s visa petition, said Peter Levitov, UNL’s associate dean of International Affairs.

In that case, Levitov is optimistic the visa would be granted and Ari would, at long last, be allowed to come to campus.

“We’ve been holding his position for two years,” Levitov said. “The university very much wants him.”

Reached by e-mail, Ari said he believes he will eventually find his way to Nebraska.

“I keep the faith that sooner or later my case will be cleared and justice will prevail,” he wrote. “I am sure my arrival will be a very happy moment not only for me but for many students and faculty and many others.”

UNL hired Ari as an assistant professor of history and ethnic studies in February 2005, just before he earned a doctoral degree from Georgetown University. Ari was viewed as a top draw for his expertise on Latin American indigenous communities.

In June of that year, Ari returned to Bolivia for a quick family visit. Upon arriving, he found that not only had his student visa been canceled, but he could not get a replacement work visa to come to the U.S. because the government had detected “derogatory information” in his file.

Someone may have linked Ari to Morales because they are both Aymara Indians, Maggio says.

But he, Ari and UNL all say there is no evidence Ari poses a security threat. Still, despite significant media attention, Ari’s case has not moved forward.

“There’s no reason for this petition to be denied,” Levitov said. “There’s no reason at all.”

In general, foreign students and faculty have found it much harder to enter the United States since Sept. 11 because of tighter security, Maggio said. But he said only a handful of universities have taken legal steps as UNL has.

That leaves UNL — and Ari — simply waiting.

Wrote Ari: “I am sure I will definitely arrive to Lincoln, because there is no real reason to keep me out of the U.S. academia to which I belong.”

Reach Melissa Lee at 473-2682 or mlee@journalstar.com.


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Locke wrote on March 6, 2007 5:23 am:
" Is this the best use of UNL's "limited" funds? Not that long ago, university officials were lamenting the governor's proposed budget. They were saying that it would be difficult to maintain "standards" if they did not receive more funds. Now, they are using funds to sue the federal government. Whether you see the action as correct or not, you have to wonder about their budget priorities. "
Sarah wrote on March 6, 2007 6:33 am:
" I know it does sound odd, but yes this is a good use of UNL funds. Professor Ari is very highly thought of internationally and this type of hire greatly enhances a university's reputation. "
Chris wrote on March 6, 2007 7:38 am:
" Wonderful .... wasting my money I pay for classes for a guy who could easily be replaced by someone probably already living in the United States or even better in Nebraska. Do these people live in a fantasy land or what? "
CS wrote on March 6, 2007 7:38 am:
" Id rather have them spend money on a professor from Georgetown than trying to buy up State Fair land or promoting themselves on MTV. They don't have to pick up all the legal fees and they are using the same lawyer to file the suit. Suits get filed all the time and since most of the leg work is done there won't be a lot of cost incurred. It will also help counterbalance their lousy treatment of Prof. Beloit in that overblown situation from last year. It shows loyalty to their teaching body and a dedication to research, which is part of what they do-not just educating the next NE school teacher or Business admin. "
Cricket23 wrote on March 6, 2007 7:59 am:
" Mr Maggio appears to think that there's no need to conduct and extensive background check on Mr Ari? UNL and Mr Maggio should be thanking Homeland Security,instead of filing a lawsuit against them for doing their job,after all we do want the right people teaching our students at UNL. "
this needs done wrote on March 6, 2007 8:06 am:
" This is exactly what UNL should do. If the acedemic world does not take up the fight against the Department of Homeland Security and the unPATRIOT Act, who will? "
TS wrote on March 6, 2007 8:07 am:
" Why is it that the University of Nebraska-Lincoln can't find someone in this great country to do the job that they are fighting so hard to give to Maggio? This is just plane silly to waste tax money on lawyers. It look’s like it is time to cut funds to the University of Nebraska they have to much money to waste. "
UNL Student wrote on March 6, 2007 8:08 am:
" Glad to hear my tuition and fees are going to fund a good cause! Majors are being eliminated, departments are being shortchanged and tuition is skyrocketing and they fighting the federal government over 1 teacher? I'm glad I'm done in December so I don't have to foot the bill these idiots to play politics with my money. "
WCG wrote on March 6, 2007 8:13 am:
" You bet this is a good use of UNL's funds! If we don't start standing up for America, we won't have an America left. As Edmund Burke said, "All that is necessary for the triumph of evil is for enough good men to do nothing." With the Bush, Cheney, and Rove in control in Washington, we don't dare sit idly by. That is NOT the American way!

Besides, if we start keeping Bush's critics out of the country, I won't be able to return from vacation, myself. And air fares will sky-rocket, as international flights will have passengers only one way. "
federal funding wrote on March 6, 2007 8:22 am:
" should be cut off to the university. "
Academic Freedom wrote on March 6, 2007 8:34 am:
" This is not a funding issue. The cost of this suit to the University is negligible. This is an issue of academic freedom. Dr. Ari's case is but one in a disturbing trend of ideologival exclusion by this government, a government we know has USED 9/11 to justify a whole host of undemocratic measures completely unrelated to that attack or to the legitimate threat of terrorism. Dr. Ari has nothing to do with the so-called "War On Terror" and poses absolutely NO THREAT to the U.S. In fact, he went to grad school at Georgetown for a number of years. He is being punished unfairly because our government doesn't like the fact that South American governments are challenging the destructive neo-liberal economic policies of the U.S., which allow corporations to run rough-shod over the rights of local people and the natual environment all in the name of greed. Again, this is NOT about money or UNL funding. IT IS ABOUT FREEDOM. Support Waskar! "
ignorant wrote on March 6, 2007 8:47 am:
" Why can't we find someone in the USA that could do his job? Because somebody in the us does not have the background and expertise that this many would have since he is actually coming from the area of the world that he is teaching. Maybe we could have somebody from Nebraska also teach the history of china and how about the history of the ukraine, instead of somebody who has lived there and grown up in the culture in history. Maybe he could go down there and teach about the history of the united states. I am sure there are alot of americans out there that can just pick this type of information up out of books or something. Come on people think before you write. "
Soylent Green wrote on March 6, 2007 9:30 am:
" I say that if a foreign national wants to blast our country and President then he/she can do it from outside the borders! It is our right as US citizens to voice our concerns and beliefs as to how our government is run, but that right does not and should not be given to non-citizens. "
suzanne wrote on March 6, 2007 9:32 am:
" If the University does not stand up to Homeland Security on this issue, the same mistakes will be made again and again. The next time Homeland denies a person the right to travel or return to the United States, it could be a person from your family, a close friend or your spouse. Also, the University process for hiring a new faculty is long and expensive and involves flying multiple candidates to Nebraska and paying for their hotel and meals while they interview. The best candidates usually get flown in twice for a second interview. It is an expensive process. It is probably cheaper to sue Homeland Security. "
jb wrote on March 6, 2007 9:48 am:
" Yes. this the best use of limited funds. What better way than to fight the abuse of power and the destruction of our constitution by the Bush dictatorship. Hooray for UNL, thanks for fighting for justice "
Tom wrote on March 6, 2007 10:07 am:
" This forum should be required reading for students. It is a great place to show how the intelligence level of people has declined over the years. All the comments of stop funding the university and how much money they waste are a great example of why we must fund higher education. There are already way too many unintelligent people in this state and country that make those type ignorant comments. We need a strong university that strives to hire the best possible person for the position even if it means going head to head with a governmental department that has not shown much intelligence in the way it handles issues of many kinds. "
tim wrote on March 6, 2007 10:11 am:
" Homeland Security was created to give more power to Bush and his cronies. "Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is to tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country." Who said this? Hermann Goring, Hitler's #2 man. Homeland Security needs to be limited or the next people to lose due process won't be foreigners, it will be YOU! "
Gerard Harbison wrote on March 6, 2007 10:11 am:
" Yeah, let's hire a Bolivian whom Homeland Security suspects of links to terrorists, and fire an American who had firecrackers in class. Way to set those priorities, UNL! "
Wait a minute. wrote on March 6, 2007 10:19 am:
" Wait a minute. Do we really think UNL is taking on a humanitarian issue? Is this young scholar really that stellar? Universities, in cluding UNL, don't take action like this unless there is something going on behind closed doors that has administrators by the short hairs. Universities are typically reactive rather than proactive. My guess, for example, is that UNL has a contract with this man--or some binding agreement--that already has him on the payroll. And UNL is losing money on the deal; hence, the lawsuit. "
suzanne wrote on March 6, 2007 10:36 am:
" Ari is not linked to terrorists, he is linked to the President of Bolivia, who has been outspoken in his criticism of the Bush administration. The ONLY reason he is even linked to the Bolivian president, is because they are both Aymara Indians. I think some of the readers are getting reality confused with television shows, like "24." "
CS wrote on March 6, 2007 10:51 am:
" I think getting a Doctorate from Georgetown and agreeing ti come teach here qualifies as stellar. "
Julie wrote on March 6, 2007 11:06 am:
" I think the world is just too sue happy. "
Sean1 wrote on March 6, 2007 11:23 am:
" Latin American indigenous communities? I'm sure there's a big draw for that type of course in Lincoln NE. Oh wait, maybe Indiana Jones can sign up for it! What a waste of time and money! "
Academic Freedom wrote on March 6, 2007 11:27 am:
" Clarification: - The lawsuit is costing the University zero dollars. Yes, that is correct. Zero dollars. - There is nothing "behind the scenes" going on. This is an issue of due process, basic liberties and academic freedom... for ALL people. - Dr. Ari is NOT on the UNL payroll at this time. - Dr. Ari is a very promising Latin American Studies scholar who is a strong supporter of the United States. In fact, in his own country, he is sometimes criticized for being "too pro-U.S.," not the opposite! Please do not make assumptions or spout off untruths if you do not know the facts. "
Dawg wrote on March 6, 2007 11:32 am:
" Just like our government to delay Professor Ari. He has a Ph.D. from Georgetown University and they think he a security risk but we have open boarder where any illegals can come across and once here they're never dealt with... "
Gregg wrote on March 6, 2007 11:33 am:
" What? The US Govt. infringing upon someone's rights without a solid reason? Who'd have thunk it? (answer: me!) "
Mark wrote on March 6, 2007 11:38 am:
" Hmmmm..I have to wonder how many of these negative comments would have come forth if the faculty in question was a white man from Germany or England. Scratch the surface and you'll find racism everywhere. "
PB&J wrote on March 6, 2007 12:02 pm:
" The level of ignorance displayed by "patriotic" Americans in this forum astounds me. I'm sure that Dr. Ari will make a significant and positive impact in the history program at UNL. "
JC wrote on March 6, 2007 1:12 pm:
" Wow, harsh words from the folks with 20/20 hindsight. I doubt UNL had any idea it would take so long for a simple background check when they hired the BEST man for the job. Keeping the job open for 2yr most likely cost UNL a pretty penny and I'm sure UNL would like to get that money back - hence the lawsuit. The cost of denying Ari the job and going threw a new hiring process for a needed faculty position would cost just as much as a lawsuit - but UNL wouldn't be getting anything back if they took that route. "
Roger wrote on March 6, 2007 1:43 pm:
" Why have background checks if we are going to fight them every time we don't agree with them. But let the courts play this one out and see where it goes. That is what America is about. "
Locke wrote on March 6, 2007 1:58 pm:
" First, how do we know that the lawsuit isn't costing the University any funds? This is not stated in the story. Second, the cost of interviewing for a faculty position, especially a junior person, is not that much. A department typically brings in two to three candidates. The cost is airfare, hotel for a night or two, and meals for a candidate. Even if the total cost is $5,000 this is a lot less than funds expended by through a lawsuit. Third, those costs are already spent. As the economists says, sunk costs are sunk. Fourth, I would argue that regardless of the nationality of the scholar assistant professors are not worth the ruckus. UNL keeps a very low percentage of the junior faculty that they hire. Many are denied tenure. The more successful ones go to other institutions. Only the passable ones remain. There are excpetions, but they are few and far between. "
cesky wrote on March 6, 2007 2:53 pm:
" I am currently in Praha, Czech Republic on a trip. Having some quite time in the room I logged on to get caught up on some information back home. This story is a classic example of a culture back home that is totally out of touch with the rest of the world. Nebaskans! the world is getting smaller and like it or not we need to learn to participate. The University has an obligation to bring the best to teach. A professor that will help Nebraska youth understand other cultures is a great start. "
Dianne wrote on March 6, 2007 3:16 pm:
" They've got this one completely right. I'm 500% behind this. It’s frightening to see how many so called Americans will sell out everything this country was founded on (a freedom of personal movement and expression of ideas) for the excuse of more tax money left in their own pockets. America and a University simply cannot exist without a free flow of information. This action by UNL is more noble and momentous to our American experience than any and all Football Championships. I thank those responsible for taking this brave and important position. With Native American Studies being my passion, I certainly hope Professor Waskar Ari gives a presentation open to the public when he arrives! "
big D wrote on March 6, 2007 3:30 pm:
" The solution is simple: Have Callahan sign him up to play football, and Ari will be on the next flight into Lincoln. "
Cricket23 wrote on March 6, 2007 3:56 pm:
" Don't say it can't happen.Dr Sami Al-Arian,a former professor at South Florida university admitted to being involved with a terrorist organization and has agreed to be deported. Professor Carlos Alvarez,a former Professor at Florida International University has been charged with spying for Cuba for the past 30 years.Let's wait until Homeland Security finishes the background check. "
Not an issue of academic freedom wrote on March 6, 2007 4:11 pm:
" When has UNL stuck its proverbial neck out on an issue of academic freedom(?)--individual professors have done so but not UNL as an institution. They are pursuing this more than likely because they have something to lose financially. If they hired Ari, then that means he signed a contract. For UNL that means they have used a job line to get him--a job line that now has no one in it--and a job line that is frozen until he either comes here or he is denied a visa. The suit should bring the issue--a financial one--to a close. UNL is a public institution. People have every right to ask questions and share perspectives. Here's another question someone may find annoying: do we know for sure that this man was offered a position as an "assistant" professor who will have to earn tenure? It's possible that he was hired with tenure as hiring bonus, making it even more of a necessity for UNL to sue in order bring some resolution. Things like this are done all the time. "
Alex S. wrote on March 6, 2007 4:18 pm:
" The question of money is irrelevant, not only because the lawsuit is costing the university little to none. If issues of academic freedom are decided because of money or lack of then we're in very dire times for liberty indeed. Moreover, Waskar doesn't have links to terrorism. The white house is punishing Bolivia for going the independant route. Waskar is being punished for having indigenous background like Bolivia's president Evo Morales. Guilt by association used to be considered a logical fallacy, but here we see it elevated to national policy apparently. "
Nicholas Swiercek wrote on March 6, 2007 4:31 pm:
" UNL should be applauded for its law suit and its stand for academic freedom! THIS is something that is worth fighting for, not to mention that the money spent here is small beans compared to everything that pours into UNL's athletic department. And for those who say "Let's wait until Homeland Security finishes the background check," it's going on two years since Dr. Ari was offered a position and yet the government has remained silent. I understand the problems of bureaucracy, but this is a bit exceesive. I'm looking forward to Ari's arrival and taking one of his classes. "
Di wrote on March 7, 2007 6:16 am:
" I only hope for the students sake he can speak understandable English. Just because he knows what he knows won't be helpful if the students can't understand him when he is speaking. "
KJ wrote on March 7, 2007 10:33 am:
" "Academic Freedom" is nothing but a lib buzzword attempting to silence those that disagree. It appears as though "A.F." has a higher priority than keeping US citizens safe. Furthermore, if AF was really sought, then conservative professors wouldn't be on the 'endangered species' list. "
Alex S. wrote on March 7, 2007 9:08 pm:
" In response to Di: Dr. Ari spent years here in the U.S. obtaining his doctorate. If he is incapable of speaking English understandably then his alma mater, Georgetown University, is surprisingly unaware of this problem and you should inform them forthwith. "
UNL Student wrote on March 8, 2007 11:39 pm:
" The lawyer for Waskar's case is doing the work pro-bono, so I don't know why everyone is in a tizzy about the University wasting money. "

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