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May 26, 2012

Home > 2011 > AprilChristianity Today, April, 2011
Thanksgiving Question Nearly Deports Tortured Christian
An immigration judge was distressed that 'Li claimed that Thanksgiving was a Christian holiday.'




An immigration judge cannot quiz asylum seekers on religious doctrine to see if they are credible about their faith, the Ninth U.S. Circuit Court of Appeals reiterated in a January ruling. The State Department made the rule because persecuted Christians often lack access to religious training and literature.

The problem in the case of Chinese Christian Lei Li, the court said, was not only had he been tested on doctrine, but that his answers weren't wrong.

Li says he became a Christian while visiting Korea in December 1999 and hosted a house church when he returned to China. Authorities raided the church in 2001 and held Li for 19 days, repeatedly beating him. Li was fined about $900, lost his job because of the arrest, and left for the U.S. on a visitor visa. After he violated his visa by working, he applied for asylum.

Li's immigration judge said Li failed to prove that he was a Christian. He couldn't answer basic questions about Christianity, explained the immigration judge.

But in describing his faith, Li said he believed "Jesus came to save people from sin, that he willingly died on the cross, that he rose from the dead and … ascended into heaven," Judge Alfred Goodwin wrote for the Ninth Circuit that reversed the lower court's ruling.

Li also explained why he worshiped in a house church rather than an officially sanctioned Three-Self Patriotic Movement church. Those churches, he said, "have a different Lord than we do …. [Th]eir Lord is the government, not God."

But the immigration judge was distressed that "Li claimed that Thanksgiving was a Christian holiday" and "knew little about the differences between the Old and New Testaments"—though Li noted that the Old Testament was written in Hebrew and the New Testament in Greek.

"Li is in good company" on the Thanksgiving question, Goodwin wrote: "President Washington first declared Thanksgiving as a day of public prayer to acknowledge Almighty God," and Lincoln did much the same.

"Safeguards tend to catch wrong decisions made by judges," said Ann Buwalda, an immigration attorney with Jubilee Campaign who has handled many religious asylum cases. "It's rare you have to make an appeal [like this]. Thankfully, a process is in place."


Related Elsewhere:

Previous stories related to immigration and church & state include:

Spotlight: Today's Pilgrims | Like the settlers of Plymouth Colony, today's refugees and asylum seekers have fled their homelands because of persecution of several kinds—not just religious. (November 24, 2010)
Homeland Security's Catch-22 for Exiles | 'Ridiculous' interpretation of law bars thousands. (April 5, 2006)
The Torture Victim Next Door | Hidden victims of religious persecution find refuge in America. (March 6, 2000)




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Displaying 1–5 of 14 comments

Tim N

April 07, 2011  11:29am

The blindingly obvious about this is that Thanksgiving is an AMERICAN holiday. It doesn't exist in Korea or China. As a Brit, when I lived in S.F. I found the 'baptism' of this predominantly secular holiday (in comparison with relative indifference to Easter) quite puzzling. The difficulty for the judge is determining the difference between a good story (possibly based on someone else's true story) and the truth. Note this man came to the US in 2001, and applied for asylum 2 years later, plenty of time for a genuine pastor to have been able to absorb the Bible deeply, and not struggle over some basic questions, ignoring the fact that he didn't apply for asylum to start with, but went into the underground.

Brent Vermillion

April 05, 2011  6:23pm

It is historical fact that days of thanksgiving were proclaimed by churches, bible schools, states and then even the president of the USA. All of these were for the purpose of prayer, worship and thanksgiving. This is the origin of Thanksgiving. The fact that many people who love and celebrate thanksgiving today have no christian perspective at all does not take away from its' original purpose. Some day we may have an idiotic judge conclude that easter or even christmas are not christian celebrations.

Bagheera Bagwater

April 05, 2011  1:40pm

I would like to see how the judge would do on a simple test about Christian doctrine. A simple question like, What is the Gospel, might prove to be very revealing.

Mark E.

April 05, 2011  11:06am

Jon K. (and others disagreeing with him), the real issue is not if Thanksgiving can be considered a Christian holiday, but that this judge used Li's opinion on the matter to question his faith and his status in regards to asylum. If intelligent citizens of a country can have a healthy debate (as is happening here) on the issue, how can you use that as a criteria to judge someone's faith? That is both silly and scary at the same time.

Jon K

April 05, 2011  10:08am

Let me clarify. Thanksgiving is by definition a holiday that is part of the civil religion of the United States, not an authentic Christian holiday. There is no other country that celebrates Thanksgiving on the third Thursday of November. Candada has its Thanksgiving day in October, which is likewise part of the civil religion of that country. You have to search far and wide to find another country with something remotely close. I am not saying that there is anything inherently wrong with Thanksgiving day or celebrating it--giving thanks is always a good thing--but it is still nevertheless an example of civil religion and this judge correctly made a distinction between holidays recognized on the common Christian calendar and those holidays decreed by the state as part of its civil religion. (There can be some overlap, Christmas is one example.)

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