The U.S. asylum law presents a distorted view of China's policy to the world and unfairly taints China's image in the international arena. It also undermines the effectiveness of the policy by encouraging Chinese citizens to break the law. This article advocates the repeal of IIRAIRA § 601 by demonstrating that China's population policy is a necessary and responsible social policy. Part II gives a brief history of the U.S. asylum law relating to China's population policy, including the pre-1996 court split on whether to grant Chinese nationals asylum based on violations of China's population policy. In re Chang, a Board of Immigration Appeals case that denied asylum, will be briefly examined. Part III presents the background of China's policy and articulates various justifications for the policy and its enforcement mechanism. Part IV returns to In re Chang and discusses the opinion's appreciation for the exigency and the non-persecutive nature of China's policy. Part V concludes that IIRAIRA § 601 is unjustifiable and should be repealed, and that In re Chang should be reinstated.
Note, Tale of Two Policies: A Defense of China's Population Policy and an Examination of U.S. Asylum Policy, 59 Clev. St. L. Rev. 237 (2011)