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Amish couple challenges U.S. photo rule
An Amish couple filed a lawsuit something that runs counter to their principles of nonresistance to safeguard another cherished belief, that having their photo taken is against the Bible. The couple are suing the federal government because immigration officials require photos. In the case of the Amish couple, the photos are required so the husband a Canadian citizen can become a permanent resident and eventually apply for U.S. citizenship.The Old Order Amish shun modern conveniences like automobiles and electricity and believe having one's picture taken violates the Biblical injunction against making "graven images." The couple's attorney, Michael Sampson, who is taking the case without charge, said they could be excommunicated if the Amish community learned of the lawsuit, so he asked a federal judge to let them proceed anonymously. The judge has not ruled on the request. The U.S. government sometimes allowed immigrants to waive the photo requirements for religious reasons. Because of more recent anti-terrorism efforts, there are no longer any exceptions based on religion. But Sampson said immigration authorities still allow some elderly or infirm people to avoid being photographed, and believes an exemption should be made in this case, too. The husband, 31, and wife, 24, were married in June 2001 in Pennsylvania while the man was in the country as a visitor. They have since had two children. They have provided fingerprints, birth certificates and other documents needed for immigration, but still must submit two photographs. For now, the husband is entitled to stay here while the government attempts to resolve the matter, Sampson said. But they live in fear of a deportation order. "The reality is, we've exhausted every possible step we can take to protect them," Sampson said. "If my clients don't file this lawsuit, they're at risk of having this young family torn apart, separated by the Canadian-U.S. border." U.S. Attorney Mary Beth Buchanan, who will represent the government, declined to comment on the case Friday. In another case filed two years ago, Buchanan defended the photo requirement by saying Homeland Security officials cannot do a thorough background check on an immigrant without a photo. "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. Posted by: .com 2006-10-28 |
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