Ensuring that Federal Circuit Courts Adhere to the Spirit of the Law: Why Legally and Non-Legally Married Spouses Deserve Explicit Asylum Protection under Section 601 of the Illegal Immigration Reform and Immigrant Responsibility Act
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Carrick, Megan A.
INTRODUCTION|In early 2005, the population of the People's Republic of China ("China"), the world's most populous country, officially exceeded 1.3 billion citizens. However, China's population only grows at a rate of approximately ten million people per year. China's growth rate illustrates the success of the Chinese government's infamous family planning policy known as Wan-Xi-Shao. Since the family planning policy's inception in the 1970s, Chinese officials have prevented 400 million births. Unpopular among the Chinese population, China's family planning policy not only prohibits couples from having more than one child, but also raises the legal age of marriage in China above cultural norms. As such, many young Chinese couples enter into underage, traditional marriages and conceive children in violation of China's family planning policy. The Chinese government commonly punishes traditionally married couples for violations of its family planning policy through forced abortions and sterilizations. For instance, in a letter to her husband, one traditionally married woman described how the Chinese government abducted her from her home and forced her to abort the couple's child. The traditionally married woman wrote, "[o]ne of the nurses who had a syringe in her hand gave me a shot in my abdomen.... And after my baby came out of my body, I saw the nurse put the poor baby in a plastic bag. I was so shock[ed] that I passed out."...
42 Creighton L. Rev. 181 (2008-2009)
Creighton University School of Law