Music Scholar Barred From U.S., but No One Will Tell Her Why

From NYT.com Sept. 17, 2007 by Nina Bernstein

Nalini Ghuman, an up-and-coming musicologist and expert on the British composer Edward Elgar, was stopped at the San Francisco airport in August last year and, without explanation, told that she was no longer allowed to enter the United States.

Her case has become a cause célèbre among musicologists and the subject of a protest campaign by the American Musicological Society and by academic leaders like Leon Botstein, the president of Bard College at Annandale-on-Hudson, N.Y., where Ms. Ghuman was to have participated last month in the Bard Music Festival, showcasing Elgar’s music.

But the door has remained closed to Ms. Ghuman, an assistant professor at Mills College in Oakland, Calif., who is British and who had lived, studied and worked in this country for 10 years before her abrupt exclusion.

The mystery of her case shows how difficult, if not impossible, it is to defend against such a decision once the secretive government process has been set in motion.

After a year of letters and inquiries, Ms. Ghuman and her Mills College lawyer have been unable to find out why her residency visa was suddenly revoked, or whether she was on some security watch list. Nor does she know whether her application for a new visa, pending since last October, is being stymied by the shadow of the same unspecified problem or mistake.

In a tearful telephone interview from her parents’ home in western Wales, Ms. Ghuman, 34, an Oxford graduate who earned her Ph.D. from the University of California, Berkeley, said she felt like a character in Kafka.

“I don’t know why it’s happened, what I’m accused of,” she said. “There’s no opportunity to defend myself. One is just completely powerless.”

Kelly Klundt, a spokeswoman for Customs and Border Protection in the Department of Homeland Security, said officers at San Francisco International Airport had no choice but to bar Ms. Ghuman because the State Department, at its discretion, had revoked her visa. The State Department would not discuss the case, citing the confidentiality of individual visa records.

Mr. Botstein, who wrote to Secretary of State Condoleezza Rice in the hope of having the visa problem resolved before the music festival, said Ms. Ghuman’s case is symptomatic. “This is an example of the xenophobia, incompetence, stupidity and then bureaucratic intransigence that we are up against,” he said, also citing the case of a teacher of Arabic at Bard who missed the first weeks of the spring semester this year because of visa problems. “What is at stake is America’s pre-eminence as a place of scholarship.”

Ms. Ghuman is certainly not alone in her frustration. Academic and civil liberties groups point to other foreign scholars who have been denied entry without explanation at an airport, or refused a visa when they applied. A pending lawsuit by the American Civil Liberties Union contends that the Bush administration is using heightened security measures to keep foreign scholars out on ideological grounds in violation of the First Amendment rights of American scholars to hear them.

But Ms. Ghuman’s case does not seem to fit such a pattern. Few believe that her book in progress, “India in the English Musical Imagination, 1890-1940,” or her work on Elgar, best known by Americans for “Pomp and Circumstance,” could have raised red flags in Washington. And if it were a question of security profiling, nothing in her background fits.

She was born in Wales. Her mother is a British homemaker, and her father, an emeritus professor of educational psychology at the University of Wales, was born in India to a Sikh family and moved to Britain in the 1960s. Last semester, Ms. Ghuman tried to teach her students by video link. This academic year, she is on an unpaid leave of absence.

“The arbitrary and inexplicable exclusion of Dr. Ghuman has been a personal tragedy for her and a cause of distress to Mills and to American higher education,” said Janet L. Holmgren, the president of Mills College, who called her “one of our most distinguished faculty members.”

“She seems to be in this limbo,” said Ms. Ghuman’s fiancé, Paul Flight, 47, who has visited her three times in Britain and is considering a move there. Mr. Flight, a countertenor, co-directed Darius Milhaud’s opera about Orpheus and Eurydice with Ms. Ghuman at Mills three years ago.

Ms. Ghuman’s descent into the bureaucratic netherworld began on Aug. 8, 2006, when she and Mr. Flight returned to San Francisco from a research trip to Britain. Armed immigration officers met them at the airplane door and escorted Ms. Ghuman away.

In a written account of the next eight hours that she prepared for her lawyer, Ms. Ghuman said that officers tore up her H-1B visa, which was valid through May 2008, defaced her British passport, and seemed suspicious of everything from her music cassettes to the fact that she had listed Welsh as a language she speaks. A redacted government report about the episode obtained by her lawyer under the Freedom of Information Act erroneously described her as “Hispanic.”

Held incommunicado in a room in the airport, she was groped during a body search, she said, and was warned that if she moved, she would be considered to be attacking her armed female searcher. After questioning her for hours, the officers told her that she had been ruled inadmissible, she said, and threatened to transfer her to a detention center in Santa Clara, Calif., unless she left on a flight to London that night.

Outside, Mr. Flight made frantic calls for help. He said the British Consulate tried to get through to the immigration officials in charge, to no avail. And Ms. Ghuman said her demands to speak to the British consul were rebuffed.

“They told me I was nobody, I was nowhere and I had no rights,” she said. “For the first time, I understood what the deprivation of liberty means.”

As Ms. Ghuman tells it, the officers said they did not know why she was being excluded. They suggested that perhaps a jilted lover or envious colleague might have written a poison pen letter about her to immigration authorities, she said, or that Mills College might have terminated her employment without telling her. The notions are unfounded, she said.

One officer eventually told her that her exclusion was probably a mistake, and advised her to reapply for a visa in London after a 10-day wait. But it took more than eight weeks for her file to be transferred to the United States Embassy in London, in part because of routine anthrax screening at the State Department.

As for the possibility that she has been deemed a security threat, Ms. Ghuman said: “It’s not only insulting and heartbreaking, but how? In what way? Musicians, dangerous people? Is it my piano playing?

“I have no indication at all,” she added, “and it has been 13 ½ months.”

Inquiries by Ms. Ghuman’s representative in Parliament and several members of Congress, including Senator Richard J. Durbin of Illinois, have been to no avail, said Byron Adams, a professor of music at the University of California, Riverside, who said he had known Ms. Ghuman for years and respected her work.

“All of these people have gotten the runaround from the State Department,” Mr. Adams said.

In late spring, when hope faded that Ms. Ghuman’s visa nightmare would be resolved quietly, Charles Atkinson, the president of the American Musicological Society, asked its 3,600 members to send letters to the State Department expressing “our profound consternation and anxiety over the treatment of one of our members.”

The society has invited her to lecture at its conference in November, which, “in a fortunate circumstance,” Mr. Atkinson said, is to be held in Quebec.

The $500 travel grant they have awarded her will not cover the cost. But at least, he said, she can expect Canada to let her in.

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