The case of World Cup referee Omar Artan has made headlines and led to criticism on the United States and the ruling body FIFA ahead of Thursday's start of the tournament the US hosts together with Mexico and Canada.
Somali national Artan was not allowed to enter the US although he had all relevant travel documents and was one of seven African referees selected by FIFA for the event.
The US stance
Artan was then questioned for several hours by US Customs and Border Protection officers upon arrival in Miami. The CBP then denied him entry and deported him to Istanbul from where he had arrived.
Speaking only of a World Cup referee from Somalia without naming him, the CBP said that he was "determined to be inadmissible due to vetting concerns and was denied entry.”
CNN later said they were told by an official of President Donald Trump's administration that "the vetting uncovered 'derogatory information, including association with suspected members of terror organizations.'"
Somalia is among 39 countries on which the US has imposed strict immigration measures and among a smaller group of countries with a complete US entry ban unless an exception is made. In the country, the Al-Shabaab militia has been fighting the government for many years in some parts of the country and is rated a terrorist organization.
What do the critics say
“This is exactly what we expected from the US: that they would exclude people who, for whatever reason, don’t fit in with their agenda,” Mark Pieth told dpa.
The Basel-based professor of criminal law served as chairman of FIFA’s independent Governance Commission from 2011 to 2013. He is now a fierce critic of the world governing body.
Pieth sees Artan’s exclusion as a particular problem: “That’s not on. A World Cup means that people from all over the world can take part if they qualify.”
Under these circumstances, the US would not be in a position to host a World Cup.
Maja Liebing, Americas researcher at Amnesty International in Germany, expressed a similar view, saying: “A World Cup where large sections of the world are not even allowed to enter the country is actually a contradiction in terms.”
The role of the CBP
The CBP is responsible for border control at airports, ports and road borders and makes the final decision who can enter the US and who not.
“The security authorities have far-reaching powers, and it is ultimately left to their discretion,” says Liebing. “They are not required to comment publicly, can make decisions behind the scenes, and are not accountable to anyone,” Liebing said.
Which World Cup nations face immigration restrictions?
Just like Somalia, World Cup participants Haiti and Iran are under a complete travel ban while Senegal and Ivory Coast are under partial restrictions. Exceptions are explicitly named such as for the World Cup. The Trump administration has increased the number of countries from 20 to 39, with security being the main reasons.
Why is the law controversial
Of the 39 countries, 26 are from Africa while western nations are not on the list.
“We unequivocally condemn these travel restrictions as racist, because they exclusively affect countries where people who are not white live – that is, Black people, people of colour and, indeed, predominantly people of the Muslim faith,” Liebing said.
Does FIFA have a saying?
Officially not. FIFA said in connection with the Artan case: “In line with previous FIFA events, a host government ultimately determines who receives a visa and who is admitted into their country."
Liebing said "we would have expected FIFA to mount more pressure" and Pieth was more drastic.
“With the Americans, it’s exactly what we feared, and with FIFA, it’s basically just embarrassing,” he said. Pieth said FIFA isn’t standing up for its referee, but is saying: “'Well, you can come back next time.' That’s cynical. They’re weaklings. They don’t want to scare the Americans off.”
Why is Infantino criticised?
The FIFA president had dismissed all concerns regarding the US last August, saying after a meeting with the 54 FA heads from African nations that everyone is welcome at the World Cup and that FIFA was working towards that.
"Obviously, there is a process to go through to get visas and so on. This process will be smooth, it will ensure that those that qualify will be able to come with their fans,” he said.
The case of Artan and others shows that this is not always the case.
What must fans expect?
Fans from countries like Germany are not subject of restrictions but must expect checks of their mobile phones for "anti-American content", Lieing said.
This could include rejecting US values, supports terrorist organizations or incites violence towards the US. Liebing also fears gray areas, saying: "The door is wide open to arbitrariness. That’s the problem."
People whose perceived gender does not match their registered gender may also encounter problems when entering the country. “I know that many queer fan groups have advised their members against travelling at all,” Liebing said.
Pieth also stressed that a passport alone doesn't rule out restrictions.
“That cannot be ruled out, because it’s not just about countries, but also about individuals.” He said tough decisions on a case-by-case basis are possible: “Not necessarily because the country is not to one’s liking. But there is pure arbitrariness as to who is allowed in.”
