"This case would probably fall under one of those cases that should be a low priority because you have a family that is fleeing based on their own beliefs," McKanders said. "They of course do not have a criminal background so it should be one of those cases where they are not spending a lot of resrouces, but it's not."
"The attorney general has the authority at any point in time to grant the family asylum," said Donnelly, who added that he hopes that's eventually what happens in this case. "These folks should be allowed to stay, they meet the standard."
The Justice Department declined to comment to ABC News. Immigrations and Customs Enforcement said it is its policy not to comment on pending litigation in federal court.
Donnelly and Home School Legal Defense Association leader Michael Farris have petitioned the White House to allow the Romeike family to remain in the country.
"Every state in the United States of America recognizes the right to homeschool, and the U.S. has the world's largest and most vibrant homeschool community," read the formal petition on the White House website.
"Regretablly, this family faces deportation in spite of the persecution they will suffer in Germany. The Romeikes hope for the same freedom our forefathers sought," it read.