Jun 23, 2008
Daniel Negusie, an Eritrean Christian who was forced to stand guard at an Ethiopian prison camp, should be granted asylum and allowed to stay in the United States, according to an amicus brief filed at the Supreme Court today (June 23, 2008) by the Becket Fund for Religious Liberty. The Becket Fund friend-of-the-court brief is co-signed by a broad coalition of religious and human rights organizations.
All sides acknowledge that Negusie was incarcerated for two years, for refusing military service. He was released to serve as a prison guard, where he worked for four years. In that role, Negusie was forced to carry a gun, watch prisoners bake to death in the sun and prevent prisoner escapes. However, Negusie is credited with disobeying orders to inflict punishment on prisoners, allowing prisoners to take showers and sneaking them water. And he was punished for these acts of kindness.
In 2004, Negusie escaped the camp by hiding in a container on a ship bound for the United States.
U.S. immigration authorities denied Negusie asylum because, as a prison guard, he “assisted or otherwise participated in the persecution of others." The U.S. Board of Immigration Appeals said “the fact that [Negusie] was compelled to participate as a prison guard, and may not have actively tortured or mistreated anyone, is immaterial.”
Daniel Girmai Negusie v. Michael Mukasey, Attorney General, will be one of the first cases the Supreme Court takes up this fall, hearing arguments Oct. 8.
“Granting asylum is a moral condemnation against governments which commit crimes against their own citizens,” said Eric Rassbach, National Litigation Director at the Becket Fund. “The fact that Mr. Negusie was forced to stand guard at that camp is itself a form of persecution deserving of U.S. condemnation.
Rassbach said that Negusie was conscripted and forced to work as a prison guard, in part, because of his religious beliefs.
“It is common for tyrants to set believers against believers. Religion is an ideological competitor to their tyranny. It is classic divide and conquer. They want to alienate him from other believers and from his own conscience,” said Rassbach. “In granting Mr. Negusie asylum, the United States sends a clear message to dictators worldwide, that thug regimes cannot use force to make the innocent guilty, and the United States will not be the oppressor’s accomplice.”
The following religious groups and organizations joined the Becket Fund brief:
American Islamic Congress - www.aicongress.org
American Islamic Forum for Democracy - www.aifdemocracy.org
Catholic Legal Immigration Network, Inc. (CLINIC) - www.cliniclegal.org
China Aid Association - www.chinaaid.org
Dalit Freedom Network - www.dalitnetwork.org
Hindu American Foundation - www.hinduamericanfoundation.org
Hudson Institute’s Center for Religious Freedom - www.crf.hudson.org
Human Dignity International - www.humandignityintl.org
Institute for Global Engagement - www.globalengage.org
The International Society for Krishna Consciousness - www.iskcon.com
Jubilee Campaign - www.jubileecampaign.org
National Council of the Churches of Christ in the USA - www.ncccusa.org
Open Doors USA - www.opendoorsusa.org
Queens Federation of Churches - www.queenschurches.org
Sikh American Legal Defense and Education Fund - www.saldef.org
United Sikhs - www.unitedsikhs.org
Click here for amicus brief.
The Washington-based Becket Fund for Religious Liberty is a nonpartisan, interfaith, public-interest law firm dedicated to protecting the free expression of all religious traditions.
To arrange an interview with a Becket Fund attorney, contact Tom Carter at 202-349-7205, or 202-538-2044 (cell) or becketfund.carter@gmail.com.
For more information about The Becket Fund visit www.becketfund.org.