January 11, 2008

Political Asylum for UK Blogger Lionheart?

Yes, it's come to this. Actual discussion about whether or not there is a case to be made that Lionheart, the British blogger who will be arrested upon his return to Bedfordshire for criticizing Islam, qualifies for political asylum in the United States.

I first got an e-mail about it from a long-time reader who works for the Border Patrol a few days ago. To be honest, I was stunned by the suggestion that Lionheart may need to flee political persecution in Britain, of all places. It seems almost silly.

This is the U.K., not Iran. This is the same country that granted Karl Marx political asylum. It was in England that Marx wrote The Capital, a book that would inspire thugs and dictators to murder tens of millions of people.

But now it's considered a crime in England to criticize Islam?

And the formal charge is laughable: "Stir[ring] up Racial Hatred". Islam is not a race, and Muslim is not an ethnic identity!

One might hate Muslims and would be a bigot for doing so, but that would certainly not make you a "racist". Nor could being critical of Islam and Muslims, even if done in an over-the-top or insensitive way, ever be construed as "stirring up racial hatred." Ever.

As to the charges that Lionheart is a supporter of the BNP, I've seen no evidence of it. He's openly and avidly pro-Israel, for what that's worth. I don't know the ins-and-outs of the BNP, but if the "evidence" that Lionheart is a supporter is the fact that he uses Crusader imagery on his blog and so does the BNP, then I'm not impressed.

Anyway, perish the thought that it could come to this, but it has. At least, were at the stage where this is put on the table as an option and we begin the discussion. My gut instinct tells me that even if Lionheart were arrested, that there's no way an English jury would vote to convict.

Er, you chaps still have juries, right?

Here's some of what the Border Patrol Agent had to say. I'll keep his name anonymous.

I can say with some degree of certainty that Lionheart would be able to get asylum in the US if he asked for it.

He could fly to a US port of entry and when he's passed through immigration there, ask the CBP officer how to apply for asylum. I'm sure it's done differently at airports than here on the Southern border, but if he's looking at years in prison vs. freedom, it's worth it to try. I'd suggest he make sure his flight goes to the South, Midwest, or Texas, just to avoid regional political bias and end up getting the boot.

The process is such that even if he chose to go so far as walk across the Mexican-US border and enter illegally, he'd probably get it. Reasonable/credible fear of persecution, including for political opinions, is included as a reason to grant asylum. He'd get handed off from CBP (Customs/Border Protection) and given to a regional asylum officer, who'd run through his case.

Country of origin isn't important at the basic level - I've never heard anything about it being important before. The country limits on immigration have more to do with what types of workers come from what regions, I think. The indictment would be evidence of persecution, no?

As for written evidence, it sure would help. If he's already been issued a warrant, or has some paperwork to appear in court, it should be more than enough. From the stories I've read, it looks like he wouldn't have much trouble presenting a case....

The relevant parts of the definition of "refugee" straight from the Immigration Law book is: any person who is outside the country of his nationality... and is unable or unwilling to return to that country or avail himself of the protection of that country because of persecution or a well founded fear of persecution because of race, religion, nationality, membership in a particular social group or political opinion.

Note the following: The term refugee does not include any person who ordered, incited, assisted or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group or political opinion. Thus, it would be important that he applies somewhere that the immigration authorities won't simply agree with Big Brother. He does still have to apply for asylum status, and then must stay in the US for a year to change from refugee to an immigrant.

Lastly, the Border Patrol Agent wants to send this last shout out to Lionheart:

If it makes him feel any better, I wouldn't deport him.