Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
4Activity
0 of .
Results for:
No results containing your search query
P. 1
Gender-Based Persecution as a Basis for Asylum in the United States: Structural and Procedural Defects

Gender-Based Persecution as a Basis for Asylum in the United States: Structural and Procedural Defects

Ratings: (0)|Views: 2,172 |Likes:
Published by impunitywatch

More info:

Categories:Types, Research, Law
Published by: impunitywatch on May 02, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/24/2012

pdf

text

original

 
1
 
Gender-Based Persecution as a Basis for Asylum in the United States:Structural and Procedural DefectsJacquelyn Grippe*
I
 NTRODUCTION
 We are a nation of immigrants. The laws and policies affecting the ways in which theUnited States regulates non-citizens operating within its borders have a complex and conflictinghistory. In recent history, regulation of migration has changed dramatically as a result of theattacks on September 11, 2001.The government’s systematic recognition of refugees from other countries who aregranted temporary and permanent residency in the U.S. for humanitarian reasons is a relativelynew aspect of U.S. law.
1
The experience of non-citizen women who have incurred gender-related violence in other countries and have subsequently sought asylum in the U.S. has becomea central issue in U.S. refugee law. Such women must confront structural and procedural defectswithin U.S. laws related to asylum.Refugee jurisprudence has been further complicated by governmental restructuring thatoccurred after September 11, 2001. After 9/11, there has been an anti-immigrant fear in the U.S.that continues to permeate U.S. domestic and foreign policy. Although post-9/11 policies havelargely been aimed at protecting the U.S. from terrorist attacks, their effects on laws relating toimmigration and asylum have exceeded such intentions. Non-citizen women who have*
 Impunity Watch
,
 
 Notes and Comments
 
Editor, 2011-2012; J.D. Candidate, Syracuse UniversityCollege of Law, 2012; M.A. International Relations Candidate, Maxwell School for Citizenshipand Public Affairs, 2012; B.A. Cultural and Interdisciplinary Studies, Antioch College, 2006. Iwant to thank my wonderful boyfriend AJ, my mother Terry, and my sister Elizabeth for all of their love and patience through this roller coaster ride called law school. Additionally, I wouldlike to thank Prof. Culbertson for all of his help and guidance. Lastly, I would like to thank thestaff of 
 Impunity Watch
for their hard work.
1
The Refugee Act of 1980, 8 U.S.C §1521 (1980).
 
2
 
experienced gender-based violence have historically faced unique barriers in their attempts toattain asylum in America, and those barriers have been exacerbated through legislation and policy enacted by the U.S. government after 9/11.I. D
OMESTIC
L
AW
ECOGNIZES THE
IGHT TO
EFUGEE
S
TATUS
 The American legal system grants systematic refugee status to non-citizens for humanitarian purposes.
2
The constitutional right to regulate laws pertaining to asylum is vestedin Congress.
3
Since 9/11, Congress has legislatively enhanced the authority for judicial reviewof asylum claims under government agencies within the executive branch.
 A.
 
Constitutional Authority
 The Constitution explicitly vests Congress with the authority to regulate foreigncommerce and, “[t]o establish a uniform Rule of Naturalization.”
4
Although the Constitutiondoes not expressly grant Congress the authority to regulate immigration, the Supreme Court hasrecognized it as having plenary power to “set the conditions for entry into the country, thecircumstances under which a person can remain, and the rules for becoming a citizen.”
5
TheCourt has held that “over no conceivable subject is the legislative power of Congress morecomplete than it is over the admission of aliens.”
6
Furthermore, “[w]hen Congress prescribes a
2
 
 Id 
.
3
U.S. CONST. art 1, § 8.
4
 
 Id 
.
5
E
RWIN
C
HEMERINSKY
, C
ONSTITUTIONAL
L
AW
: P
RINCIPLES
A
 ND
P
OLICIES
283 (V
ICKI
B
EEN
etal. eds., 3
rd
ed. 2006).
6
Fiallo v. Bell, 430 U.S. 787, 792 (1977).
 
3
 
 procedure concerning the admissibility of aliens, it is not dealing alone with a legislative power.It is implementing an inherent executive power.”
7
 
 B. Post-9/11 Legislation
The Homeland Security Act of 2002 affected a dramatic restructuring of the U.S.government’s strategy for monitoring peoples within U.S. territories, particularly those who arenot native born U.S. residents. The Homeland Security Act created the Department of HomelandSecurity (DHS), which absorbed the Immigration and Naturalization Services (INS).
8
With theelimination of the INS, the DHS became a supervising umbrella agency responsible for regulating the various agencies that were once embodied within the INS.
9
These agenciesincluded the U.S. Citizen and Immigration Services (USCIS), U.S. Immigration and CustomsEnforcement, and the U.S. Customs and Border Protection.
10
 While the Homeland Security Act represented a larger reorganization of national security policy, Congress passed additional measures with more specific goals. The USA Patriot Act of 2001, for example, increased border security.
11
The Real ID Act of 2005 (“Real ID”),restructured judicial policies relating to immigration.
12
Although these post 9/11 policies focus
7
Michael A. Scaperlanda,
 Immigration Law: A Primer 
, 2009 FED. JUD. CTR. (quoting
 
Knauff v. Shaughnessy, 338 U.S. 537, 542 (1950)),
available at 
http://www.fjc.gov/public/pdf.nsf/lookup/immlaw09.pdf/$file/immlaw09.pdf.
8
 
 Id 
. at 12.
9
 
 Id 
.
10
 
 Id 
.
11
 
 Id.
 
12
Scaperlanda,
 supra
note 7, at 14.

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->