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Thread: Blogging: Attention Glenn Beck -- Please Hire Me! by Jason Dzubow

  1. #1

    Blogging: Attention Glenn Beck -- Please Hire Me! by Jason Dzubow



    Bloggings On Political Asylum


    by

    Jason Dzubow




    Attention Glenn Beck – Please Hire Me!





    It seems that Glenn Beck is hiring immigration lawyers, and I want in.  First, some background:


    I’ve written before (here and here)
    about the Romeike family, a German Evangelical homeschooling family.
    They were granted political asylum in the United States after the German
    government tried to force them to send their children to public school.
    DHS appealed the ruling, and the Board of Immigration Appeals reversed
    the Immigration Judge’s decision. The case is currently before the U.S.
    Court of Appeals for the Sixth Circuit.  Oral argument is scheduled for
    later this month.


    The Romeikes have a tough case for several reasons. The first problem
    is demonstrating that they face persecution in Germany. They face fines
    and possible jail time, and they might even lose custody of their
    children. Such punishments are harsh, but I doubt a court would find
    that they rise to the level of persecution (though maybe the loss of the
    children would qualify). Another–possibly more difficult problem–is
    that the family members are citizens of Germany, and thus they are able
    to relocate within the European Union. For this reason, to qualify for
    asylum, they would need to demonstrate that there is nowhere in the EU
    that they can live safely.


    This would be me if I worked for Glenn Beck (except I am not black) (and I normally do not wear a tie).

    This would be me if I worked for Glenn Beck (except I am not black) (and I normally do not wear a tie).



    Finally, and this may be the most controversial aspect of the case,
    the Department of Justice is supposedly taking the position that the
    Romeikes do not have a “right to home school anywhere.”  At least this
    is how the Home School Legal Defense Association characterizes
    the DOJ’s position. Frankly, I am a bit skeptical that this is actually
    DOJ’s position (their brief is not public, so I have not seen it),
    given that they can probably win their case without stirring up this
    type of controversy (see previous paragraph). But I suppose if DOJ
    wanted to make all possible arguments against asylum, this would be one.


    So how does Glenn Beck tie into all this?


    Earlier this week, Mr. Beck discussed the Romeike family on his show:


    “They
    [Romeikes] did it the right way,” said Beck. “They had their visas.
    They came here and asked for political asylum. Because if they return to
    Germany the state will take their children unless they dump them into
    the system that [goes against their Evangelical values].”


    Beck
    said that the idea of deporting the Romeikes flies in the face of
    everything that the U.S. stands for. “There is nothing more un-American
    than this.”


    Mr. Beck compared the family with our country’s earliest settlers, who were seeking religious liberty. 


    The Romeike’s have become a bit of a cause célèbre among American homeschoolers and religious conservatives. A petition
    to the White House supporting them has received over 100,000
    signatures, and–this is the part that caught my attention–Glenn Beck has
    pledged $50,000 to pay for their legal fees.


    As a side note, I do these cases for far
    less than $50,000 (for affirmative asylum cases, I charge $2,400, which
    makes me think I need to raise my rates). Mr. Beck, if you feel
    inclined to help out others seeking asylum based on religious
    persecution (and I represent many, including people from Iran, Iraq,
    China, Afghanistan, and Eritrea), please give me a call. 


    So is it hypocritical for conservatives who normally oppose immigration to support the Romeikes? Writing for Salon, Sally Kohn
    theorizes that Mr. Beck and his fellow conservatives are supporting the
    Romeikes because they are white. While I am no fan of Glenn Beck, I am
    willing to give him the benefit of the doubt on this one (though it
    seems reasonable to ask why he isn’t funding asylum seekers from
    countries like Iran and Eritrea, which harshly punish–and kill–religious
    dissidents). So what’s going on here?


    My
    guess is that Mr. Beck is confusing American values–such as allowing
    parents to home school their children–with asylum law, which protects
    people from persecution on account of religion. Just because we in the
    U.S. enjoy a particular right–like the right to school our children at
    home–does not mean that an alien can get asylum when his country refuses
    to allow him the same right. We have a right to abortion in the U.S.
    and a right to own a gun, but I doubt an alien who was denied one of
    these rights in another country would qualify for asylum in the U.S.


    Also,
    I wonder whether Mr. Beck has thought about the dreaded “slippery
    slope” argument. Would he support this family if they were members of a
    Christian Identity (i.e., Neo-Nazi) Church? What if they were (gasp!)
    Muslims? 



    The Romeikes, like any other asylum seeker, need to show that they face persecution,
    as that term has been defined by case law. They also need to show that
    they cannot lawfully reside in a third country. Absent these
    circumstances, they simply do not qualify for asylum. I wish the
    Romeikes well in their case. But if it doesn’t work out for them, and if
    Glenn Beck wants to fund some other worthy asylum seekers who are
    fleeing religious persecution, I have a few cases he might be interested
    in…


    Originally posted on the Asylumist: www.Asylumist.com.










    About The Author




    Jason Dzubow's practice focuses on immigration law, asylum, and appellate litigation. Mr. Dzubow is admitted to practice law in the federal and state courts of Washington, DC and Maryland, the United States Courts of Appeals for the Third, Fourth, Eleventh, and DC Circuits, all Immigration Courts in the United States, and the Board of Immigration Appeals. He is a member of the American Immigration Lawyers Association (AILA) and the Capital Area Immigrant Rights (CAIR) Coalition. In June 2009, CAIR Coalition honored Mr. Dzubow for his Outstanding Commitment to Defending the Rights and Dignity of Detained Immigrants.In December 2011, Washingtonian magazine recognized Dr. Dzubow as one of the best immigration lawyers in the Washington, DC area; in March 2011, he was listed as one of the top 25 legal minds in the country in the area of immigration law. Mr. Dzubow is also an adjunct professor of law at George Mason University in Virginia.






    The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.

  2. #2
    Dave Z
    Guest
    Dear Mr Dzubow,

    I too am an immigration lawyer and a member of AILA. I have practiced Immigration Law for 32 years, and have done dozens, possibly hundreds of asylum cases. I have also been an Adjunct Professor of Law - at the University of Connecticut lecturing in Immigration Law. The Romeike case is as fundamental a deprivation of individual liberty as I have ever seen. The fact that the Obama Administration wants the family deported speaks volumes about our president's concept of individual liberty. You ought to read the following law review article which hopefully will clear up your understanding of Asylum law.

    http://lawdigitalcommons.bc.edu/cgi/...2&context=iclr

    Sorry to be blunt, but I consider the right to raise one's own children, free of government school propaganda, to be basic to the future freedom of htis country. Homogenized education and homogenized beliefs may be fundamental to a liberal's version of freedom, but it is the antithesis of freedom in my opinion.

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