Amish Request To Stay In US Denied

The Guardian (UK) ^ | 4-22-2004 | Joe Mandak

[blam]

Amish Request to Stay in U.S. Denied

Thursday April 22, 2004 1:01 AM

By JOE MANDAK

Associated Press Writer

PITTSBURGH (AP) - An Amish Canadian fighting a federal law that requires photo identification for people entering the United States cannot stay in the country while his case is heard, a federal judge ruled Wednesday.

Daniel Zehr, a member of the Old Order Amish, claims the law infringes on his religious freedom because his sect takes literally the Bible's prohibition of graven images.

Zehr's attorney Mark Knapp said he'll file an emergency appeal of Senior U.S. Judge Alan Bloch's order Thursday morning with the 3rd U.S. Circuit Court of Appeals. He said the appeals court was told by federal immigration officials Wednesday that there are no plans to remove Zehr from the country before the appeal is filed.

Zehr, 29, of Ontario, came to the United States in 2001 after marrying an American Amish woman. He was later denied permanent residency because he and his wife refused to submit their photographs.

In December 2003, Zehr traveled with his wife and daughter - also a U.S. citizen - from their home in Pennsylvania to Canada to visit his father, who had had a heart attack. In January 2004, the family was returning home when Zehr was stopped at the border and told he could not return because he didn't have a photo ID.

Zehr was later allowed back into the United States on parole status so he could attend a hearing in his case this week.

Bloch agreed with government attorneys that Zehr has no right to remain in the country. Already, under a little-known rule known as ``the entry-fiction doctrine,'' he is considered legally to be on the other side of the border.

``He is outside of the United States right now,'' Bloch said. ``I can't, under these circumstances, order them not to remove him.''

Zehr's attorneys contend fingerprints are a better way to confirm identity than photographs, but U.S. Attorney Mary Beth Buchanan said photos are crucial to Department of Homeland Security officials who do background checks of anyone seeking alien status or citizenship.

``They can't go out and show people a fingerprint and say, 'Do you recognize this fingerprint? What can you tell me about this person?''' Buchanan said.

[blam]

Hit the road Jack!

[SouthernFreebird]

and don't you come back no more... no more..

[Robert Lomax]

Just put a burlap bag over your head that has two eyes cut out and it will be ok. It will not be a graven image of yourself but of a burlap bag with two holes. It works for Islamic women.

[Ruth A.]

He's the first Amish person to have this problem?

[John H K]

Well, you've got your Mennonites (who wear the plain garb but drive cars), and then you've got Amish, and then you've got OLD ORDER Amish.

Different things.

[TheDon]

Daniel Zehr, a member of the Old Order Amish, claims the law infringes on his religious freedom because his sect takes literally the Bible's prohibition of graven images.

Literally? Dan is not being asked to have a statue made of himself. It's a picture. Photography wasn't even invented when his religion proscribed the worship of graven images. And Dan is not being asked to worship his picture either.

[Joe Boucher]

If this guy were say a persecuted "gay" or a nigerian jew being persecuted or evan a nearly unemployable mexican he'd be greated with open arms, and if he were a cuban who professes a hatred of fidel we'd evan help the poor bastard buy a house.

[ItisaReligionofPeace]

Just claim to be a Muslim...

[Ruth A.]

I know about Mennonites. So this guy and his wife went across the border in a horse and buggy, I have to presume. The border guards didn't worry about the possibilities when they came back? Hmmm.....

[Kay Ludlow]

Yeh, there have been a lot of problems with Amish bombings, so we really need to keep them out (\sarcasm).

Really, it's not like you can't really tell if someone is Amish - they have similar facial features, they speak with an obscure old-German accent, and they know little about 'English' (that's us) society. I'm not confident that a middle-eastern muslim would be able to adequately imitate an Amishman. Sounds more like someone's anti-Christian bias is influencing their decisions here...

[Wiser now]

He went over the border in a van he had "hired" in all probability. They don't own or drive cars but they do ride in cars, busses and trains.

In Ohio's Amish country people make their living "driving" the Amish for about 50 cents per mile.

[Ruth A.]

This is so interesting. I would think that the old order were stricter, but it seems not. It makes his whole argument even weaker for me.

[Wiser now]

Interestingly enough, many Amish will allow themselves to be video taped when told the tape can be erased. Why that option isn't available here I do not understand.

[Freebird Forever]

Already, under a little-known rule known as ``the entry-fiction doctrine,'' he is considered legally to be on the other side of the border.

Ah! This explains all those spanish speaking enclaves sprouting up throughout the US.