The Justice Department said German laws outlawing homeschooling do not constitute persecution and they want a German homeschooling family kicked out of the United States, according to a briefing filed in a high profile asylum case.

“The goal in Germany is for an open, pluralistic society,” the Justice Department brief states in their battle against the Romeike family. “Teaching tolerance to children of all backgrounds helps to develop the ability to interact as a fully functioning citizen in Germany.”

Germany has a national law requiring children to either attend public school or a government-approved private school.

The Romeikes had already been fined and German police once forcibly escorted their five children to school. They were notified that they could ultimately lose custody if they continued to home school.

The Home School Legal Defense Association is representing the family in their battle to start a new life in the United States – even as the Obama administration seeks to have the evangelical Christian family deported.

The family was initially granted asylum, but the Department of Justice objected and demanded the Christian family be deported.