March 6, 2014
The Lawless Administration Does the Right Thing the Wrong Way
Home schoolers around the world are rejoicing in the unexpected news, after some hair-raising twists and turns to the case, that the Romeike family will not be deported. Here, in brief, is what has happened:
As followers of the case know, the home schooling family from Germany had come to America and had applied for asylum. (You know, wanting to be here legally and do things in a legal and official way.) At first, an asylum judge ruled that they qualified for asylum because they were being persecuted in Germany for being home schoolers. The Obama administration spent money appealing the case, arguing that they did not qualify for asylum. I wrote about the case before here, pointing out (what is sometimes overlooked) that the asylum laws concerning "persecution for group membership" apparently say that if you "should" not have to change a particular trait or behavior, this counts as an "immutable" trait or behavior, which opens the door to asylum for people such as the Romeikes. A higher asylum court sided with the administration and overturned the lower court's ruling. The case was appealed to the Supreme Court, and just a few days ago, SCOTUS refused to hear the case, thus leaving in place the ruling against the Romeikes.
Things looked grim, but within a short time after the ruling, the Romeikes' lawyer received a phone call from the DHS stating that the family had been given "indefinite deferred status" and therefore would not be deported.
So why am I only partly happy?