Asylum for Homeschoolers

The latest issue of Time magazine has a story about a German family that was granted asylum in the US because homeschooling is illegal in Germany. In 2006, the European Court of Human Rights decided that the German law prohibiting homeschooling was acceptable under the European Convention on Human Rights.

So why did he seek asylum in the U.S. rather than relocate to nearby Austria or another European country that allows homeschooling? Romeike's wife Hannelore tells TIME the family was contacted by the Virginia-based Home School Legal Defense Association (HSLDA), which suggested they go to the U.S. and settle in Morristown, Tenn. The nonprofit organization, which defends the rights of the U.S. homeschooling community — with its estimated 2 million children, or about 4% of the total school-age population — is expanding its overseas outreach. And on Jan. 26, the HSLDA helped the Romeikes become the first people granted asylum in the U.S. because they were persecuted for homeschooling.

The ruling is tricky politically for Washington and its allies in Europe, where several countries — including Spain and the Netherlands — allow homeschooling only under exceptional circumstances, such as when a child is extremely ill. That helps explain why in late February, U.S. Immigration and Customs Enforcement formally appealed the Romeike ruling, which was issued by an immigration judge in Memphis, Tenn. His unprecedented decision has raised concerns that the already heavily backlogged immigration courts will be flooded with asylum petitions from homeschoolers in countries typically regarded as having nonrepressive governments.

"It's very unusual for people from Western countries to be granted asylum in the U.S.," says David Piver, an immigration attorney with offices in a Philadelphia suburb and Flagstaff, Ariz. In 2008, the most recent year for which data are available, only five Germans received asylum in the U.S. (The Justice Department declined to comment on specific cases.) Piver, who is not involved in the Romeike case, predicted the U.S. government would appeal the decision "so as not to offend a close ally."