Carolyn's Trip to Japan

Our trip to Japan was magical. From seeing the stunning Kinkakuji (Golden Pavilion) in Kyoto to eating oysters at the old Tsukiji Market in Tokyo to getting bit by the adorable deer at Nara Park, we had a wonderful time. While our trip coincided with the Rugby World Cup, and we were able to attend a few matches, the trip didn’t just consist of scrums and penalty kicks (yes, I know all the rugby terminology). We had an incredible time eating food and seeing architecture and admiring the peaceful and natural beauty of the countryside (and also made friends with the monkeys at Iwatayama Monkey Park). And yes, there was sake involved.

Jacki's Greetings from Los Angeles

Hi DLG Blog Readers – Jacki here…long time no blog! For those of you who don’t know me, I used to be an attorney with the firm and a frequent blogger. A few years ago, I made the genius decision to throw away my snow boots and move to sunny Los Angeles. I was thinking about the blog since I just had a fun (and informative!) visit with Protima and Carolyn in Los Angeles when we all attended a conference to discuss visas in the arts and entertainment field. Long story, short – I begged Protima for a guest blog because I had the perfect Friday photo!

While walking along Melrose Avenue, I came across the famous Cisco Home wall, normally displaying the “Made in LA” mural, painted over with new details to reflect the importance that immigration has had on shaping the culture of this city and beyond. Rumor has it that the artist behind the Cisco Home wall takeover is “HiJack,” an anonymous street artist who is active in Los Angeles. In a caption to an Instagram post he made about this wall, “HiJack” comments, “We need to remind ourselves of what we are composed of as a city and more broadly as a nation.”

Carolyn's Trip to Hungary

This week’s edition of Friday Photo(s) comes from Carolyn’s trip to Hungary. Carolyn visited historic landmarks in Budapest such as Heroes’ Square, known for its statues commemorating figures from Hungarian history. She also checked out the Hungarian Parliament Building, a World Heritage Site and functional government office, and the Holocaust Tree of Life Memorial, which has the family names of Holocaust victims inscribed in the metal tree, at the Dohány Street Synagogue, the largest synagogue in Europe.

Carolyn and her husband ventured beyond Hungary’s capital to scenic places like Lake Balaton, a popular summer destination that happens to be the largest lake in Central Europe. Near the Balaton and in the many small towns that they drove through, there were tons of sunflower fields as pictured above. Thank you to Carolyn for sharing her beautiful pictures with the blog!

Trevi Fountain

The Trevi Fountain (Fontana di Trevi) is one of the most iconic sights in Rome. This fountain, a late Baroque masterpiece, was designed by Nicola Salvi and completed by Giuseppe Pannini in 1762. The fountain stands about eighty-five feet high and is approximately 160 feet wide. At the center is Pietro Bracci’s statue of Oceanus standing on a chariot pulled by sea horses and accompanied by tritons, similar to how I get around Rome (okay, I wish). While apparently splashing around in the fountain like Anita Ekberg and Marcello Mastroianni in La Dolce Vita is frowned upon, visitors are allowed to toss coins in, since according to legend, those who toss coins into its waters will return to Rome. But don’t worry, at the end of each day the coins are collected and donated to charity.

NY TIMES: “Shah Rukh Khan, ‘King of Bollywood,’ Was Detained at a U.S. Airport for the Third Time”

Shah Rukh Khan, the “King of Bollywood” and one of the most popular actors in the world, was detained and questioned at Los Angeles International Airport last week, making it at least the third time he has had difficulty entering the US. While it is not clear exactly why he was held—Customs and Border Protection (CBP) say they cannot comment on specific cases—Khan has expressed that it is most likely because his name is the same or similar to a known or suspected terrorist.      

Khan announced his detention at LAX to his 20.8 million Twitter audience: “I fully understand & respect security with the way the world is, but to be detained at US immigration every damn time really really sucks.” He added: “The brighter side is while waiting caught some really nice Pokemons.” Previously, Khan was detained in 2009 in Newark while in the United States to promote his film My Name is Khan, which deals with racial profiling of Muslims after the 9/11 attacks, and in 2012, when he was detained in White Plains, New York, on his way to address students at Yale. “Whenever I start feeling too arrogant about myself, I always take a trip to America,” he later told the students. “They always ask me how tall I am and I always lie and get away with it and say 5 feet 10 inches. Next time I am getting more adventurous. ‘What color are you?’ I am going to say white.”

Khan’s many fans as well as Indian officials have condemned the stops and accused officials at American airports of racial profiling. In response, Rich Verma, the American ambassador to India, apologized to Khan on Twitter, saying that they are “working to ensure it doesn’t happen again.” Nisha Biswal, the Assistant Secretary of State for South and Central Asia, tweeted: “Sorry for the hassle at the airport, @iamsrk — even American diplomats get pulled for extra screening!”

Khan, who is estimated to have a net worth of $600 million in 2014, making him one of the richest actors in the world after Jerry Seinfeld, wrote in 2013 of being profiled and stopped at airports because of his name:  

I became so sick of being mistaken for some crazed terrorist who coincidentally carries the same last name as mine that I made a film, subtly titled My name is Khan (and I am not a terrorist) to prove a point. Ironically, I was interrogated at the airport for hours about my last name when I was going to present the film in America for the first time. I wonder, at times, whether the same treatment is given to everyone whose last name just happens to be McVeigh (as in Timothy)??

Many innocent individuals have mistakenly ended up on the terror watch list and no fly lists or faced travel problems because of similar names on the lists, including the late Senator Ted Kennedy, Nelson Mandela, and more than one minor, such as six-year-old Ohio girl Alyssa Thomas.

According to an investigation by The Intercept, federal government guidelines allow individuals to be “designated as representatives of terror organizations without any evidence they are actually connected to such organizations, and it gives a single White House official the unilateral authority to place entire ‘categories’ of people the government is tracking onto the no fly and selectee lists.” Curiously, it also allows for dead people to be watchlisted. Political activists as well as Muslims who have refused to become confidential informants have been placed on the lists, leading critics to accuse the federal government of using the no fly list as retaliation. The Guardian reports that Washington had previously denied allegations that Khan was singled out because his name denotes him as a Muslim instead simply stating that someone with the same name is reportedly on the US no-fly list, causing him repeated problems when traveling to the US. 

US Increasingly Denying Entry to Muslims and Individuals of Certain Countries

In recent weeks, Muslims and individuals from certain countries are reportedly being refused entry to the US, leading some to think that innocent individuals are being caught up in increased US security measures.

Muslim Family Headed to Disneyland Denied Entry

In one case, a British Muslim family was barred earlier this month from flying from Gatwick Airport in the United Kingdom to the US for a vacation at Disneyland. Mohammed Zahid Mahmood said he and his family—which included two brothers and nine children—were not allowed to travel to the US for vacation, despite previously having obtained clearance. He told the BBC that his children were "traumatised, really upset" about the cancelled trip. "They think they've done something wrong," he said. "I want an explanation, and what's going to happen next. I would still like to go to America, I would like my kids to fulfil their dreams."

Stella Creasy, a member of the opposition Labour Party, said that her inquires to US officials on why her constituents—Mahmood and his family—were not allowed to board the flight to the US were not answered, and consequently she wrote to Prime Minister David Cameron to look into the matter, citing a "growing fear" among British Muslims that “aspects of Trump's plans are coming into practice even though they have been widely condemned.”

Because of other instances of US airlines either preventing Muslims or “Middle Eastern-looking” individuals from flying as well as alleged mistreatment, some think that presidential candidate Donald Trump’s proposed temporary ban on Muslims visiting the US and other anti-Muslim sentiment and discrimination in the US has led to increased and overly-aggressive scrutiny of Muslim and Middle-Eastern travelers to the US.

While Cameron’s office said they are investigating the matter, a top Muslim group in the UK said the incident appears to be related to the travelers’ religion and is very concerning to British Muslims. A US Customs and Border Protection (CBP) spokesman told ABC News that the "religion, faith or spiritual beliefs of an international traveler are not determining factors" for admittance to the US and that people can be denied entry for numerous reasons including health-related issues, prior criminal convictions, security concerns, or other grounds. The Muslim Council of Britain says the last-minute denial of boarding without explanation is unfair for Muslims. "There is a perception that such decisions are being made due to the faith or political activism of individuals," the council stated. 

Mahmood, whose family reportedly spent £9,000 on tickets for the Disneyland flights, told the Guardian that they received no explanation for why they were not allowed to board their flight, but he believed it was “because of the attacks on America—they think every Muslim poses a threat.” According to news reports, the US Embassy in London has not issued any comments or clarifications as to why Mahmood and his family were not permitted to travel to the US to visit Disneyland or regarding any increased travel security restrictions.

British Imam Ajmal Masroor Denied Entry

Ajmal Masroor, a British imam and broadcaster, reports he was also prevented from traveling to the US for business, despite having traveled to the US multiple times already this year. While Masroor was originally denied an ESTA, or Electronic System for Travel Authorization, after US Embassy staff contacted him to apply, he had been granted a business and tourism B1/B2 visa, which he said he used to travel to the US.

“In my mind, the refusal and revoking of my visa was calculated. For me it’s very callous,” he told the Guardian. In response, the US Embassy in London said: “The embassy is aware of this matter. We are in contact with the individual and therefore have no further public comment at this time.” Masroor believes US officials are singling out Muslims. "This is absolutely discrimination. It is not acceptable and playing into the hands of the terrorists," he said. Masroor also said he had heard of twenty similar cases of fellow Muslims being denied entry to the US, and David Cameron has been informed of additional cases as well.

In addition, Indian students have been denied entry to the US. In two separate cases, twenty Indian students with valid student visas for colleges in California were denied entry in Chicago and returned to India, and nineteen students were barred from boarding an Air India plane headed to San Francisco for the same schools.

It’s not only travelers to the US being excluded entrance, but Australia has also faced criticism for denying entry to certain individuals, including Zahra Ramadani, a Syrian-born British national whose visa was issued and revoked without explanation right before she was scheduled to fly to Sydney, and a Pakistani family who were trying to visit their terminally ill son who was unable to travel out of Australia.

Those who are planning a visit to the US should be aware of the proper ESTA and visa procedures and requirements, and also their rights if denied entry.

Adding New Countries and Enhancing Security in the Visa Waiver Program

The popular United States Visa Waiver Program—currently used by nationals of thirty-eight countries to travel to the US—will now have increased security standards for the participating countries. The Visa Waiver Program allows citizens of designated countries to travel for business or tourism to the US without a visa for stays of up ninety days. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel.

In response to the growing threat from individuals who have gone to Syria and Iraq to fight for the Islamic State and other groups, and who are nationals of designated visa waiver countries (the US estimates that approximately 3,000 Europeans have traveled to Syria since the conflict began in 2011), the United States will now require that countries participating in the program make changes, most significantly the following:

• Require all passengers to use newer biometric passports that incorporate fingerprints and electronic chips that contain a photograph of the passport holder;

• Allow more American air marshals on flights to the US;

• Require use of the INTERPOL Lost and Stolen Passport Database to screen travelers as well as databases that share travel records and passenger information;

In addition, the Department of Homeland Security (DHS) will conduct reviews of all the countries participating in the waiver program to ensure they are following its requirements. If they find certain countries have weaker screening processes, there may be additional scrutiny for nationals of those countries at border crossings. 

DHS Secretary Jeh C. Johnson said in a written statement that these security enhancements are "part of this Department’s continuing assessments of our homeland security in the face of evolving threats and challenges, and our determination to stay one step ahead of those threats and challenges.”

While the DHS tightens the requirements, a bill introduced in Congress is proposing to increase the number of countries participating in the Visa Waiver Program. The bill, called the Jobs Originated Through Launching Travel Act (JOLT), had eighty-seven co-sponsors, split between forty-seven Democrats and forty Republicans at the end of July.

JOLT proposes to add Brazil, Poland, Israel, and Croatia, to the list of visa waiver countries by providing the DHS secretary the ability to expand the Visa Waiver Program to countries who failed the current “visa refusal” requirement. Currently this requirement bars countries when more than three percent of its citizens’ visa applications are denied. The bill would allow the DHS secretary to admit countries that have refusal rates as high as ten percent.

The bill would also enhance security requirements for countries participating in the program, including requiring the issuance of electronic biometric passports, although it's not clear if that would remain in the bill as the DHS is preemptively implementing this change. While this bill is being pushed by the travel industry which cites the economic advantages to increased tourism, critics may point to the fact that since 2008 the majority of new undocumented immigrants in the US initially arrived legally. The bill would also change the name of the Visa Waiver Program to the Secure Travel Partnership Program.

"Boosting our economy and improving national security are two of the most critical challenges we face as a nation and the JOLT Act addresses them both," Representative Joe Heck, who is co-sponsoring the bill with Representative Mike Quigley, said in a press release. "Expediting the visa interview process and expanding the Visa Waiver Program will bring more international travelers and tourists to destinations around our country and creates jobs."