COURT DENIES ASYLUM TO SPOUSES OF THOSE WHO HAVE UNDERGONE FORCED ABORTIONS AND STERILIZATIONS
The 2nd U.S. District Court of Appeals has ruled that spouses of those who have undergone forced abortion and/or sterlization under one-child policies cannot seek asylum.
The court said the immigration reform act of 1996 explicitly protects those who are forced to "abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program." But the Court narrowed the coverage to only those who have been the direct victim of such coercion and excluded the spouse.
For a decade, the Justice Department's immigration courts considered husbands of women forced to undergo abortions or sterilizations to be political refugees in their own right. The protection also extended to women whose husbands were sterilized. The 2nd Circuit is the first federal circuit to deny, as a matter of law, refuge to the spouses of those forced to undergo the surgery. The decision, which differs from the rulings of five other circuits, could tempt the U.S. Supreme Court to take the case.
This decision will also force those who are seeking asylum to move out of the District and into one that is willing to grant asylum to spouses.
A man whose wife has undergone a forced abortion and his child is murdered is indeed a victim of the coercive one-child policy and should be granted asylum. Denial of asylum to a person whose child was killed or whose spouse was forcibly sterilized is tantamount to support of the one-child policy.