The Polovchak controversy recently accentuated the absence of clear guidelines applicable to the grant of asylum to a minor. This Note will commence with an exploration of the competing interests which would be affected by the grant of asylum to a minor, including the parents' interest, the minor's interest, and the interest of the state. An analysis of the historical and current federal asylum procedure will follow. After examining In re Polovchak, this Note will recommend that a revision of the current asylum process is necessary to protect individual interests from arbitrary and unjustified decisions. Such a revision would establish strict procedural safeguards for parents whose children petition for asylum.
Note, In re Polovchak: Guidelines for the Grant of Asylum to a Minor, 32 Clev. St. L. Rev. 327 (1983-1984)