Abstract
Faced with the social, economic, and environmental consequences of supporting the largest population on earth, China remains openly committed to its population control program and goal of zero population growth. Unfortunately, this program remains coercive in policy and practice, and Chinese couples continue to face difficult decisions regarding family planning, particularly when those couples are underage or desire more than one child. The United States, with its immigration policy, has taken an important step in recognizing the human rights violations that occur under the Chinese population control program when individuals are forcibly subjected to an abortion or sterilization. By statute, those who have undergone such a procedure are eligible for asylum. Courts, recognizing the significance of the marital relationship, have extended the same relief to the spouses of the individuals. However, the courts have not clearly defined who a "spouse" is for the purpose of asylum eligibility, and individuals in "traditional" marriages and other committed relationships not legally recognized by the Chinese government are not guaranteed asylum eligibility by virtue of their partners' forced abortions or sterilizations under current precedent. Until the holding of In re C-Y-Z- is clarified, Chinese refugees such as Ma and Chen face an unpredictable future when they apply for asylum.
Recommended Citation
2005 ULR 1021 (2005)