Posted on 03/23/2010 6:08:33 PM PDT by ScreamingGreenAlienGorilla
U.S. Immigration Opposes Asylum Decision
In a deeply disturbing notice, the United States Government Agency for Immigration and Customs Enforcement (ICE) has lodged an appeal of Judge Lawrence Burman’s grant of asylum to the Romeike family. The appeal was sent to the Board of Immigration Appeals in Fairfax, Virginia on February 25. In it, the ICE called homeschoolers too “amorphous” to be a “particular social group” and that “United States law has recognized the broad power of the state to compel school attendance and regulate curriculum and teacher certification” as well as the “authority to prohibit or regulate homeschooling.”
On January 26, Judge Burman granted the Romeikes asylum after determining that the German government’s treatment of homeschoolers was “repellent to everything we believe as Americans,” and that Germany was denying the family “basic human rights.” The judge determined that the German state’s policy of imposing increasing and potentially crushing fines, the loss of custody of children, and possible criminal prosecution over homeschooling amounted to persecution. However, ICE pointed to the denial of an application in the European Court of Human Rights in the Konrad case as evidence that “the public education laws of Germany do not violate basic human rights.” ICE criticized Judge Burman for “improvidently disregard[ing]” the decision of the ECHR. In other words, it appears that ICE is arguing that U.S. judges should follow international law—rather than U.S. law.
Michael Smith, president of HSLDA, says that American courts should only rely on American law.
“American judges should use American law alone in making decisions about cases in American courts,” Smith said. “Polls show that Americans by an overwhelming margin reject the idea of using international law in American courts to decide American cases. The use of international law in American courts is a threat to American justice and should be opposed.”
In its appeal, ICE argues that the U.S. government has the authority to simply prohibit homeschooling, and this should disqualify the granting of asylum. ICE further asserts that Germany’s harsh treatment of homeschoolers is mere prosecution, not persecution. ICE lawyers wrote that “[e]ven were such fear[s] objectively reasonable, these sanctions would only amount to prosecution.” ICE argues that the judge’s ruling is “speculative” because sanctions had been applied in a “limited number of circumstances” and that the Romeikes had failed to “make any effort to locate an acceptable alternative school.” These claims were fully argued in the first Romeike hearing and shown to be false. ICE also noted parenthetically that the “Immigration Judge did not address how under various state laws of the United States a person can be similarly prosecuted for not sending one’s children to school.”
HSLDA Staff Attorney and Director of International Relations Michael Donnelly, who will continue to coordinate the Romeike family’s legal defense in this case, said he was not surprised by the actions of ICE or the arguments they presented.
“It is disappointing but not surprising that ICE has appealed,” Donnelly said. “Judge Burman appropriately noted that homeschooling is legal in all fifty states, and his decision reflects U.S. law which upholds the right of parents to direct the education and upbringing their children as an enduring American tradition, entitling the family to protection from persecution. ICE argues that Germany’s denial of a parent’s right to homeschool for any reason is acceptable. It is shameful that ICE, and by extension the U.S. Government, supports the persecution of German homeschoolers.”
This story is at the cross-roads of two issues near and dear to my heart -- one, as a homeschooling dad, and two, as a patriot, veteran, and defender of the Constitution of the United States. I can't believe (well, no, actually and unfortunately, I can only too well believe) that the Feds would appeal this very sound decision, and base their appeal on international law rather than US laws as well as stating that the state has broad power to compel school attendance and regulate curriculum and teacher certification.
Even if you are not a homeschooler, there should plenty in here to get the outrage going.
**chirp chirp**
sounds of crickets
So we apply Constitutional Rights to terrorists at Gitmo, but refuse them to political refugees seeking freedom of expression.... Where is the liberal presses outrage??
Don’t hold your breath.
These people are just plain evil.
Did good.
Ice will fight providing asylum to these people but the rats and Rinos are getting ready to give AMNESTY to ILLEGALS.
Does anyone else see a problem with this picture?
I long ago stopped waiting for the MSM to cover stuff like this. Maybe the NEA will raise objections to this heavy-handed tactic? (I crack myself up.)
Didn’t they get the memo that white Europeans are not welcome—we only want poor, illiterate third worlders here! It enriches America so much!
My wife (usually very calm) is about ready to scream. She asked me, "Has he (Obama) really only been in just over a year?" Lot of damage in a very little time, it seems.
The left in this country wants to ban homeschooling too. Apparently they can’t start promoting sex in kindergartens in home schools.
This is very scary. I hope and pray that they will be safe and will be allowed to stay.
Now Home Schoolers of America know where they stand with this administration!
Incredible.
Amnesty for illegal aliens.
Visas for terrorists that fly airplanes into buildings and have bombs in their shoes and underwear.
Green cards and “path to citizenship” for drug dealers and killers.
But a Christian homeschooling family from Germany?
Can’t have that.
My government is SICKENING!
If only we had a news network to counter the Commies of the alphabet channels. Is there some reason the Heritage Foundation, Cato and other rightwing people could not start up a news show to counter them? Much of the money could come from conservative donors, wealthy or not so; anything to get the truth out and counterattack Pravda.
I wish Reagan had gone ahead and demolished the Dept of Ed. He wanted to, but some fools talked him out of it.
Another symbolic ship named the St. Louis has sailed into a US port and another fascist US president has told the refugees to go back to Germany.
Seig Heil!
I think the United States is in worse shape than we thought...
Had to look that reference up. Another thing I love about FR — smart people who know their history. Thanks.
http://en.wikipedia.org/wiki/MS_St._Louis
BTW, HSLDA is the Home School Legal Defense Association (source of this news story). They do lots of great work for homeschoolers and others; this is their own description of themselves: a nonprofit advocacy organization established to defend and advance the constitutional right of parents to direct the education of their children and to protect family freedoms.
Full disclosure: I have no vested interest in HSLDA, but I am a member.
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