I have been waiting the for the past few days to see how the International Studies Association would respond to news of Trump’s Executive order banning entry into the US has for many travelers, including those from a number of Muslim countries – since this ban obviously affects numerous of our colleagues who are, like many of us, slated to travel to the International Studies Association Conference in Baltimore, Maryland, USA. Would the ISA issue a condemnation of this policy? I wondered. Would they offer support and reassurance to colleagues trapped outside US borders? Would they announce arrangements to Skype in scholars unable to appear in person? Would they consider relocating the conference to Canada or elsewhere abroad, if not this year then in future years?
So here is how the ISA leadership did respond, as of late yesterday. Astonishingly, the ISA  promises to do none of those obvious things. Instead, ISA simply promises not to penalize any international travelers affected by the ban, urges members not to boycott the conference, and informs us the ISA cannot take stands on political issues. As my co-blogger Steve bin Said points out this tepid response is not nearly adequate to the situation at hand and it is in fact an insult both to our comrades from targeted Muslim-majority countries or on green-cards, as well as to all of us who are taking political risks to speak out and resist these draconian and dangerous policies.
Below are four reasons why the International Studies Association should immediately issue a condemnation of President Trump’s Executive Order, fall on its sword to accommodate foreign scholars by any means possible, and pledge to move future conferences outside the United States so long as this ban is in effect (please add your own suggestions in comments).
Speaking out is perfectly legal. TV Paul et al’s letter stated that “ISA is a 501c3 non-profit Association, which prevents the Association from taking partisan stands on policy issues.” Actually, 501(3)c status does not prohibit speaking out on policy issues. It only prohibits partisan involvement in elections. Since 501c3 status is primarily a tax exemption status, the relevant rule is found in the IRS tax code, which reads:
Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.
Certain activities or expenditures may not be prohibited depending on the facts and circumstances. For example, certain voter education activities (including presenting public forums and publishing voter education guides) conducted in a non-partisan manner do not constitute prohibited political campaign activity. In addition, other activities intended to encourage people to participate in the electoral process, such as voter registration and get-out-the-vote drives, would not be prohibited political campaign activity if conducted in a non-partisan manner.
On the other hand, voter education or registration activities with evidence of bias that (a) would favor one candidate over another; (b) oppose a candidate in some manner; or (c) have the effect of favoring a candidate or group of candidates, will constitute prohibited participation or intervention.
This clause clearly applies to political campaigning, and is not meant to silence organizations from speaking out on policy issues. If that were true, no civil society organization like the ACLU, Refugees International and Human Rights Watch could do their work. Nor could other associations, who are already roundly condemning the ban.
Speaking out is smart. As TV Paul et al’s letter points out, there is already a movement to boycott  the Baltimore Convention – and all international academic conferences – entirely on the basis of the travel ban. The ISA position is that those who can attend Baltimore should, so that the conference becomes an opportunity to gather the international studies intelligentsia and determine a way forward under the new circumstances. I think this view has merit, primarily since it is too late to change the location for this year. But it’s unpersuasive unless couched with a strong condemnation of the circumstances. Frankly, I bet people who weren’t planning to boycott the conference before receiving this email might well decide to do so now, in reaction to what appears to be complacency on the part of the leadership. To encourage people to attend, the ISA should send a strong signal that we would be doing so  in support of an organization that will stand up for all its members. We’re not hearing that in this letter.
Speaking out is our mission. ISA’s  mission statement does proclaim that we will “provide channels of communication between academics and policy makers to promote a successful link between the production of knowledge and its utilization.” So policy relevant communication is not only permitted by US law, it is required by our mandate. Moreover, while expressing policy positions is a small portion of our overall work (which also keeps us in compliance with IRS codes), Trump’s EO actually undermines our ability to achieve our wider mission which also includes “provid[ing] opportunities for communications among educators, researchers, and practitioners in order to continually share intellectual interests and meet the challenges of a changing global environment;” and “develop[ing] contacts among specialists from all parts of the world in order to facilitate scientific and cultural change.” What kind of organization are we if we refuse to oppose a law that poses such an existential threat not only to our international colleagues but our very raison d’etre?
Speaking out constitutes, affirms, and protects academic freedom. Silence undercuts our mission. ISA has a history of standing up for academic freedom. The organization roundly condemned Turkey, for example, when last year the government began purging academics in the wake of a failed military coup. Â Moreover, while it may be too late to move this year’s conference, if this ban is not reversed the ISA must in that spirit of inclusivity consider re-locating its conferences outside US borders for subsequent meetings until such time as the ban is reversed. There is no excuse for an international organization to hold meetings in a country whose laws arbitrarily bar colleagues from attending. And beyond this year’s meeting I could not in good conscience support an organization who went along meekly with such an outrageous attack on human rights and academic freedom. We must find ways to protect our members and resist.
To those international scholars reading and affected by this: please consider this an open thread to suggest other ways our organization can be of meaningful support to you this coming month and in the near future.
I agree with your analysis, Charli, but I also argue for a more fundamental re-think on how mega-conferences are convened:
“Now more than ever: Academic conferences need to embrace the digital age!”
“Every association should have a digital communication champion in their senior management. By clinging to an outdated, but relatively convenient model for a large group of mainstream academics, academic associations ultimately undermine key functions of their mandate. Digital access should not be a bonus, but a strategic imperative so caregivers,
parents, underprivileged academics or those who simply do not like to spend money on economy class flights will have opportunities to listen, contribute and participate in debates.”
https://aidnography.blogspot.com/2017/01/now-more-than-ever-academic-conferences-need-digital-virtual-internet-strategies.html
These are excellent points.but I have two points, one minor, one more significant. The minor point is that the ACLU is a 501(c)4, not a 501(c)3. Donations to it are not tax deductible and it is free to lobby and engage in politics. The ACLU *Foundation*, on the other, is a 501(c)3 and it’s more limited in what it can do in terms of politics. So all non-profits are not created equal. But that does not take away from the point you were making.
The more significant concern I have is that we’re damned if we don’t leave the US for conferences, damned if we do. Conferences in the US become off-limits for our colleagues from the countries under the ban. But conferences outside the US are off-limits for US-based dual citizens, green card holders, and students in the US on student visas. I suspect teleconferencing is part of the answer, but raising our collective voice against the ban is important too.
I want to echo the point that moving a conference to Canada is not a great solution, as some attendees might find themselves unable to return to the US.
But I agree that ISA’s response is pathetic. Much better response from the Middle East Studies Association, which resoundingly condemned the ban today. After the election it also created a special task force to be proactive on these issues, and it issued a detailed condemnation and statement that lists suggestions and instructions for resisting, including advice to schools about admissions, etc.
https://mesana.org/about/board-letters-statements.html#01/29/17
I agree with you, Charli. Now more than ever we need to take a firm, prinicipled stand. This tepid response is inexcusable.
We have an open letter going on these excellent points: please share and sign https://goo.gl/forms/HRNb42eU0e0qA8QO2
ISA’s response was not astonishing to me, given how slow they have moved on other issues, such as scholars at risk. This came up in the Global South Caucus meeting last year. ISA’s response was basically that it is a slow moving bureaucracy, and it will try to do better. So really, this response to the so-called Muslim Ban is more of the same. ISA needs to change its priorities and procedures. Especially now, we can’t have business as usual. (And the response was highly based on the “business” interests of the convention (refunds), rather than human rights concerns.)
I haven’t attended the conferences for a long time, but am an ISA member. Agree that the ISA response was inadequate.
Would point out that, as of now, it’s not clear how long the executive order is going to survive; it’s being challenged in at least one federal lawsuit and the acting attorney general has ordered the Justice Dept not to enforce the order, acc. to WaPo. Dems may tried to place some kind of hold on Sessions’ confirmation as a.g. until this issue has been dealt with; I don’t know how long they can stall on that, since obvs. they’re in the minority. And lawsuits do take time, of course, but the parties can ask (and the plaintiffs presumably will) for an expedited schedule.
By its terms (as I understand it based on the coverage; shd read the text), the ban on the seven countries (or at least six of the seven) is supposed to last 120 days. If, after those four months, the admin tries to make the ban permanent, I would think that would not survive legal challenge. I haven’t researched the legal issues, and I’m sure it’s not straightforward, but given that the US is a party to the Refugee Convention and probably some other relevant international instruments as well, and given that the protections of the Bill of Rights, e.g. due process, are *not* restricted to US citizens, I would think a strong legal case vs the exec order can be made.
Are there suggested actions for participants within the US to take at this point? I and some of my panelists feel that we should be boycotting despite the legislative stay, given the points above about the tepid, let this not effect us, response?