Unionization Push for NCAA Student Athletes Could Have Unintended Consequences

The Dartmouth men’s basketball team’s recently filed a unionization petition, which, if granted, would convert these student-athletes into university employees.  This conversion may have unintended consequences for international students on the Dartmouth team.

Those students are in the country on F-1 status, which permits on-campus employment of up to 20 hours per week.  However, by their own admission, the basketball players spend almost 40 hours per week on Division 1 college basketball activities (i.e., practicing, strength training, games, travel, etc.).

“I am committed to 35 hours a week, 11 months a year athletic training, and competing while managing the rigorous Ivy League academic course load,” wrote Neskovic, a senior at Dartmouth, who is one of four international students currently on the Big Green’s men’s basketball roster.

Thus, the union bid may inadvertently lead to the foreign athletes losing status.  As this article explains, other visa options such as P-1 and O-1 may not be readily available for them.  

The O-1 category is difficult and reserved for athletes at the highest level (i.e., the NBA, not college athletes).  Chances are likely higher with the P-1 category, although the league that the Dartmouth players compete in (i.e., the mid-to-low level Division 1 Ivy League) may not meet the P-1 requirement of being a "distinguished" event.  Another option for full-time employment, Curricular Practical Training (CPT) seems inapplicable as CPT studies need to relate to the student's course of study.  Basketball matches, though well-integrated into the typical college's social scene, are not academic endeavors.  Thus, the students may ironically be better off as remaining as students and not employees.

Immigration Problems for Oklahoma City Thunder Enes Kanter

Enes Kanter, the 25 year old center for the NBA's Oklahoma City Thunder, has been in hot water with Turkish authorities as of late.  Kanter was born in Switzerland and until recently, held a Turkish passport.

Kanter has been a thorn in the side of the Turkish regime for some time now, largely because of his outspoken criticism of Turkey President Recep Tayyip Erdogan.  Kanter has also been a vocal supporter of Turkish opposition leader Fethullah Gulen, who lives in the United States and is in exile for allegedly plotting the overthrow of strongman Erdogan last year.  Apparently, Turkey had enough of Kanter's activism:

According to AFP, a Turkish judge on Friday issued an arrest warrant for Kanter. The 25-year-old is accused of having “membership” in “an armed terrorist organization.”  

Though Kanter is currently in the United States, and the US has an extradition agreement with Turkey, he has little fear of being extradited because American policy generally disfavors the extradition of political dissidents.

The arrest warrant comes on the heels of another recent Turkish provocation: the revocation of Kanter's passport while he was en route from Romania to the United States.  Had Kanter been working for the Thunder on an O-1 or P-1 visa (which is the norm for most foreign basketball players in the NBA), he would have been denied entry to the US and would have faced possible jail time in Turkey for his political activities.

Fortunately for Kanter, he possesses a green card, which allows for reentry to the United States even without a passport.  As a result, he was able to return to the USA despite Turkey's cancellation of his passport.  Turkey's attempt to thwart his travel plans failed.

From the US Customs and Border Protection (CBP) website:

Lawful Permanent Residents of the U.S. must present a Permanent Resident Card ("Green Card", Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States.

U.S. LPRs do not need a passport to enter the United States as per 8 CFR 211.1(a), however, they may need a passport to enter another country. Please contact the embassy of the foreign country you will be traveling to for their requirements. 

This is one (of few) areas where CBP regulations are actually more lax than one might expect.  

Since he was born in Switzerland, Kanter can presumably procure a passport from Switzerland, and continue, unabated, to be a thorn in the side of the Erdogan regime.

Normalization of Relations with Cuba Could Facilitate Immigration of Cuban Players

President Obama recently announced a complete overhaul of the country's long-standing, virtual sequester of Cuba.  This has been unfortunate for many reasons, including the fact that many of the world's top boxers, volleyball players and baseball players hail from the island nation.  For instance, defecting Cuban baseball players Yoenis Cespedes, Yasiel Puig, Jose Abreu and Rusney Castillo have all signed on for successful multi-million dollar contracts with MLB teams.

Unfortunately, because of travel restrictions on Cuban players, many who find their way to the U.S. are forced to utilize unscrupulous and often dangerous human smugglers to facilitate their transfer.

The uncomfortable truth is that many Cuban baseball players who defect to the U.S. must endure extreme danger in order to do so and often rely on human trafficking rings to smuggle them off the island.  As part of President Obama's announced policy change, the U.S. will reportedly work with the Cuban government on human trafficking issues. In the short term this could make it more difficult for Cuban players to defect.

Over the long-term, however, increasing numbers of Cuban players could make their way to compete for U.S. teams.  That would require elimination of trade restrictions between the two countries.  The United States has previously relaxed trade restrictions with Iran on a one-time basis, to allow FIBA Asia star Hamed Haddadi to play for the Memphis Grizzlies.  Presumably the recent shift in American foreign policy towards Cuba could facilitate similar relaxations with respect to Cuban players.