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Immigration judge: German anti-homeschooling policy ‘repellant to everything we believe as Americans’

Judge grants asylum to persecuted homeschooling family
Wednesday, January 27, 2010

MEMPHIS, Tenn. — A U.S. immigration court Tuesday granted political asylum to a German homeschooling family, finding that the German government’s persecution of the family violated the family’s basic human rights. The judge in the case reportedly called Germany’s anti-homeschooling policy “repellant to everything we believe as Americans” at a hearing held Thursday. The Alliance Defense Fund provided funding to the Home School Legal Defense Association for the case.

“Parents have the right and authority to make decisions regarding their children’s education without undue government interference,” said ADF Legal Counsel Roger Kiska. “The immigration court has clearly recognized that basic human rights are being violated by the German policy of persecuting home-schooling families. Many Americans are simply unaware of just how bad the policy is. We hope this ruling sheds light on a predatory policy that the German government ought to end immediately.”

“There is no safety for homeschoolers in Germany,” said Mike Donnelly, staff attorney and director of international relations for HSLDA and an ADF-allied attorney.  “The two highest courts in Germany have ruled that it is acceptable for the German government to ‘stamp out’ homeschoolers as some kind of ‘parallel society.’  The reasoning is flawed.  Valid research shows that homeschoolers excel academically and socially.  German courts are simply ignoring the truth that exists all over the world where homeschooling is practiced.”

In granting asylum to the Romeikes, a Christian family from Bissinggen, Germany, U.S. Immigration Judge Lawrence O. Burman reportedly called the German government’s attempt to stamp out “parallel societies” by persecuting home-schoolers “odd” and “silly,” finding that the rights being violated in the case, In the Matter of Romeike, are basic human rights that no country has a right to violate. According to Donnelly, the judge agreed that homeschoolers are a particular group that the German government is trying to suppress and that the Romeike family has a well-founded fear of persecution that makes them eligible for asylum. A written order from the court is forthcoming.

Uwe and Hannelore Romeike and their five children fled persecution in August 2008 to seek political asylum in the U.S.  In Germany, they were fined several times for home-schooling their children and left their home country when it became clear they could lose custody or be jailed.  They now live in Morristown, Tennessee.

 

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
 
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LEGAL DOCS


Brief in support of asylum: In the Matter of Romeike

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HSLDA information page on the Romeike decision

German TV interview with Romeike family from July 2009

Photo of Romeike family

ABOUT Roger Kiska

Roger Kiska (KEESH’-kuh) serves as legal counsel with the Alliance Defense Fund and is based in Bratislava, Slovak Republic, where he specializes in international litigation with a focus on European law. He has developed the ADF-allied attorney network in Europe, working with allies to litigate European cases that have a potential for impacting ADF efforts in America. Prior to joining ADF, Kiska served as legal counsel at the European Center for Law and Justice. After earning his J.D. at Ave Maria School of Law in Ann Arbor, Michigan, Kiska began his legal career in the Slovak Republic as an attorney with the firm of former Slovak Prime Minister Jan Carnogursky. He is admitted to the State Bar of Michigan and also passed the Solicitor’s Bar examinations for the United Kingdom. Kiska is fluent in English and Slovak.